HOA Help!

[LewisLegion]

Well, it's pretty much over with. I talked to both the attorney and my real estate agent yesterday.

Firstly, it IS a legal HOA. In fact, the title company HAD a whole packet for me with the CC & Rs, dues, and everything I needed, all put together...but they never mailed it.

Somehow, this is MY real estate agent's fault...no matter that she had no clue about it either and THEY are the ones who didn't mail it. Unfortunately, once the packet is put together I have five days to dispute it before it AUTOMATICALLY enrolls me in the HOA. Because I never saw it I never disputed it and I was automatically enrolled. Again, nevermind that I didn't know it existed.

So the seller isn't taking the blame, the title company has somehow washed their hands of it, and according to my agent and the lawyer the only person I have grounds to sue is my own agent who I hold absolutely no fault in this whatsoever. So obviously I'm not going to sue her. I think its utter crap that they are basically dumping the blame on her when there's no way she could have known.

So I'm in the HOA, even though I didn't sign anything. My only recourse to get out of it would be to sell the house and move. Even though I insisted I didn't blame her and didn't want her to take the brunt of this, my agent is insisting on sending me a check to cover the first YEARS worth of HOA dues so that she can 'sleep at night'. I feel terrible...she really is a very hardworking, very nice lady who doesn't deserve all this crap from someone else's mistake. HOW this is not the title company's fault I don't know but the attorney is pretty adamant I have no recourse but to sue my own agent.

So, there we are. I'll just have to deal with the HOA and get this house fixed up to sell in the next year or two and start looking for something not only more ideal for us but this time, we're definately insuring it's NOT in an HOA if my agent has to go down to the title company herself and get it in writing from them that there's not.

[draggar]

Where is the logic in that? The title company said they never mailed it out - how the hell is that your agent's fault?

[LewisLegion]

Exactly. I have no idea. The attorney tried to explain it but he dissolved into legalese that I could only barely follow and even that made no sense except to say 'it's her fault' somehow even though she had no idea.

[CaptainJaneway]

can you get a second opinion?

[Sandman]

I think the attorney is in cahoots with the HOA. If my contract law is correct, since you had no chance to review it, plus the title company states that they didn't even send it, it's their fault.

[Kusanagi]

I'm sorry, but I can't imagine that a whole "if you don't challenge this in x amount of days we will assume that you agree to it and are enrolled" would stand up in a court of law.

It was never a rider onto the paperwork of the sale and therefore your signature on the paperwork doesn't apply. Especially since you were told multiple times by multiple people that there was no HOA and I'm assuming you can document this, yes?

You mantained due dilligence regarding this and there would be no judge that wouldn't agree with you provided you can show you never recieved anything (emails, letters, etc, stating about an HOA.) Collect the paper trail now.

You might not be able to get a judge to look at it until the HOA sues you for violating their policies, or if you sell the house and they put a lien on the property. My grandparents just had a similar situation after moving after 17 years in the place they owned, and the judge threw the case out brought by the HOA attorney.

[MaggieTheCat]

I'm afraid I can't offer any real advice, just sympathies. I've been following this thread since the beginning. I honestly can't believe everything you've had to go through regarding this, especially the most recent update. It's absurd! I agree with whoever said to get a second opinion if you can. To me it sounds like your attorney either doesn't have his facts straight, or is in league with the HOA. It just sounds way too out there that you're automatically enrolled without even knowing about it, let alone not signing anything. Ridiculous. I really hope you can get this straightened out.

[Talon]

I second getting a second opinion. That explanation "dissolving into legalese" is raising a bullshit flag with me.

[Eric the Grey]

Exactly. I have no idea. The attorney tried to explain it but he dissolved into legalese that I could only barely follow and even that made no sense except to say 'it's her fault' somehow even though she had no idea.

My question is: Who's attorney is this? Is this one YOU hired, or the attorney for one of the other parties?

IF you say anything except one you hired, then get yourself one for yourself, don't depend on someone else's attorney. They work for the other party's interest, NOT yours. Get someone who will look out for your interest and not someone else's.

Seriously, you're being railroaded into this. Don't stand for it. IMO, the Title Company LIED to you and failed to give you the information YOU ASKED ABOUT and are now telling you you're stuck with it. I'd stuff it down their throat and make them choke on it, and while I was at it, make them pay the HOA fees if it cannot be broken all together.

Note: I know an attorney can be expensive, but many will give you an hour to examine your case and advise you. Beyond that, you may be able to get one to take a case on based on what they expect to win from the title company.


Eric the Grey

[LewisLegion]

I'll see what I can do but I don't think the lawyer is in cahoots with the HOA. He's friends with my real estate agent and has worked with her for years.

Edited to add: This is the closing attorney that was representing me on advice from my real estate agent. As I said above she's worked with him for years. So I don't think he's trying to railroad me at all.

[TheSHAD0W]

Your state's regulations probably require your real estate agent to make sure you're informed of all paperwork, which would include information from the title company. The agent apparently was responsible for making sure you'd gotten and reviewed the title insurance binder. If so, then yes, she was responsible.

[LewisLegion]

Wow, so I just found this out from my stepdad.

My realtor had told me she was no longer with her company, that she had switched to another company, but didn't tell me why. She's working with my mom and my stepdad right now on THEIR house search. Apparently, she told my stepdad today that she had changed companies because when she told her superiors about what had happened with me (the whole HOA thing, when she was trying to figure out what happened and was going over the paperwork) and asked what they could do for me, they basically shrugged and told her 'tough luck, buyer beware'. So she told them flat out that she couldn't work for a company who would treat their clients with that kind of attitude, and she quit.

The woman is SO my real estate agent for life

[poofy_puff]

Wow, so I just found this out from my stepdad.

My realtor had told me she was no longer with her company, that she had switched to another company, but didn't tell me why. She's working with my mom and my stepdad right now on THEIR house search. Apparently, she told my stepdad today that she had changed companies because when she told her superiors about what had happened with me (the whole HOA thing, when she was trying to figure out what happened and was going over the paperwork) and asked what they could do for me, they basically shrugged and told her 'tough luck, buyer beware'. So she told them flat out that she couldn't work for a company who would treat their clients with that kind of attitude, and she quit.

The woman is SO my real estate agent for life

I don't know if I'd believe everything at face value. You are just going by what she told you. It is possible that she's trying to be slick and was actually "let go" from her old company but allowed to save face by saying she "quit".

When you said she offered to pay for one years' worth of HOA fees so she "could sleep at night", I bet that she would be able to sleep better at night for one years' worth of fees than a lifetime's worth. I'd reconsider my whole attitude toward her if I were you. It sounds as though she might have issues with competence and professional ethics. This is not your buddy or pal we're talking about here. This is BUSINESS relationship and it does look as if she dropped the ball. When it's something that affects your life to the point of privacy, as pertains to the HOA, you cannot let some kind of misplaced loyalty or because someone is a "nice person" make you allow yourself to be taken advantage of or sold short.

Talk to a lawyer about your options. If you get a judgment against the realtor, she might have grounds to turn around and sue the title company, but you have to follow the legal food-chain. And check with the BBB and Atty general's office regarding your real estate agent.

[Kiwi]

Sue the title company.