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| Tuesday, December 02, 2008
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| Author |
Messages |
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MaryN
(Virginia)
Posts:125
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| 06/25/2008 10:19 AM |
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Our homeowners association is in the middle of a law suit. We have some new property owners. The owners they purchased from were plaintiffs so what are the new owners?
MaryN |
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MaryA1
(Arizona)
Posts:2248
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| 06/25/2008 10:27 AM |
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Mary N,
To my knowledge, lawsuits aren't transferrable! |
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DonnaS
(Tennessee)
Posts:2838
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| 06/25/2008 10:34 AM |
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Mary,
The new owners are just that, new owners, and are waiting to be welcomed into the community without the threat of a lawsuit that is certainly not their responsibility. |
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JohnK3
(Pennsylvania)
Posts:463
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| 06/25/2008 10:34 AM |
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| Unless the complaint is amended to join the new owners as either Plaintiffs or Defendants, the new owners are not parties to the dispute. However, the new owners could be impacted by the eventual ruling(s). What's the nature of the lawsuit? |
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MicheleD
(Kentucky)
Posts:1710
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| 06/25/2008 12:37 PM |
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. . . what John said. . .
But even then, it really depends on the lawsuit.
What is the lawsuit about? |
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JimM7
(Florida)
Posts:57
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| 06/29/2008 9:01 AM |
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Hi...
John & Michele & Donna are correct.
In Florida the new owner accepts responsibility for unpaid assessments.
We can cloud the title by indicating due amounts in the Esopple letter.
What's the law suit? |
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MaryN
(Virginia)
Posts:125
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| 06/29/2008 10:43 AM |
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The HOA was set up incorrectly and is not a mandatory association but rather a civic association. For 30 some years it has operated as a mandatory association. Membership was never defined anywhere. The HOA was not mentioned in any deed filed at the courthouse..other than a deed transferring ownership to a well. A BOD tried to not amend but rather write new CCR's and were able to get a majority(just barely)of property owners to sign. Only some of the lots are written up as members of the association..and some are not..the ones who aren't voted some to be in.
A Complaint was filed with the courts. Asking for a Injunctive Relief and Declaratory Judgement. The District Court had ruled that it is a voluntary association but the that issue was not before his court..a lien was..and the HOA has no power to place a lien..now it is moved to Circuit Court. I am not a lawyer and I hope I explained it so that it can be understood.
MaryN |
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DJ1
(Ontario)
Posts:456
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| 06/29/2008 12:30 PM |
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| What did the HOA do file a lien for unpaid dues (which aren't mandatory if the HOA is voluntary) and are the plaintiffs now suing for return of their 30 years of fees? If not and the HOA attempted to place a lien on my property I sure as heck would countersue for a refund if the HOA misrepresented itself to me. |
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