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I sold my condo and homeowners association charged me for documents $225 and transfer fee $1852. Is transfer fee $1852 legal?

San Mateo, CA |

1. The HOA president refused to provide by the time of transaction any justification why they charge the "Transfer Fee". The fee $1600 ~60 times exceed actual association's cost for the sale.
2. Neither the HOA's CC&R, nor any addendum to them include any regulation for "transfer fee
3. There was no official HOA or HOA board meeting which approved such fee.
4. in all prior real estate sales within LIV HOA there was no "Transfer Fee" imposed to sellers or buyers

Attorney Answers 2


  1. Assuming everything you say is true, I would agree there is no basis for these charges. If you paid, you could sue in small claims court for a refund. If you sold the condo and did not pay, then you can wait for some attempt to collect and respond accordingly.
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    Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.


  2. I agree with Robert.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

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