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?
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.
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.
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