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Do i have to pay past hoa dues after foreclosure if the home has already been sold to another buyer by the foreclosing lender?

San Jose, CA |

my condo foreclosed in May 2012, and the lender sold it to another party in Sept 2012. the HOA has been trying to get me to pay my past hoa dues, but if it was sold to another party already and they paid the dues current, do they have the right to have me pay the past dues as well?

Attorney Answers 4


  1. Yes. In California, even though a house or condo which is part of a homeowners association (HOA) is sold at foreclosure, the owner at the time of the assessments is still personally liable for the HOA dues covering the period of time that such person was the owner.

    California Civil Code §1367.1(a) provides: "A regular or special assessment and any late charges, reasonable fees and costs of collection, reasonable attorney's fees, if any, and interest, if any, as determined in accordance with Section 1366, shall be a debt of the owner of the separate interest at the time the assessment or other sums are levied."

    The subsequent buyer of a property is not personally liable for the delinquent assessments of prior owners, pursuant to California Civil Code §1466.

    If the new party already paid the HOA dues current, the new party can seek reimbursement from you. You are/were still liable for the payment.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


  2. I agree with my colleagues answers that you are personally liable for HOA dues and assessments which came due during the period of time you owned the home.

    However, you are correct that the HOA cannot collect the dues twice. I doubt, however, that the new owner "paid the dues current" as those dues are not the new owners responsibility.

    You are responsible for all dues until the home was sold at foreclosure. The lender is responsible for the dues from the date of the foreclosure sale until the home was sole to the new owner. The new owner is only responsible for dues from the date of purchase.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  3. I agree with Frank Chen and I agree with John Fazzio

    John N. Kitta
    Fremont

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