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Can HOA pass dues of prior owner to new owner despite the fact that the new owner received free and clear title and an Estoppel Letter from the HOA?
Wiki User
∙ 10y ago
If you have an estoppel letter stating that there are no outstanding dues or fees owed the HOA cannot pass any past due amounts on to you. That estoppel letter is binding.
An estoppel letter is a legal document that outlines information regarding the current owner's financial standing in regards to the HOA, what is due and what has not been paid. It also indicates any assessments that are in progress or projected. The estoppel letter is legally binding. Negotiations often result between sellers and buyers once an estoppel letter is received and the negotiations determine who will be responsible for paying any amounts due. It is the responsibility of the buyer's attorney to make certain the buyer takes title with a clean slate.
On the other hand, if the HOA is billing you for amounts due prior to your taking title that were reported in the estoppel letter then you need to call the attorney who represented you at your closing and forward the bills. Presumably, they didn't do their job. It would be a serious oversight on the part of that attorney if the outstanding fees and dues were not paid at the closing and the attorney should pay them.
Wiki User
∙ 10y ago
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