dex
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- Joined
- Oct 28, 2003
- Messages
- 5,105
After I closed on my house I received my HOA statement. It included a $50 transfer fee. When I asked the HOA management company about it I was told it is in the contract between the HOA and the HOA management company.
I don't believe that I am obligated to pay it because:
1. No pre-close documents states a “Transfer Fee” is to be paid by the buyer.
2. No closing documents states a “Transfer Fee” is to be paid by the buyer.
3. The “Declaration of Covenants, Conditions, Restrictions and Easements" does not state that a “Transfer Fee” is to be paid by the buyer.
4. The closing is the appropriate time for all financial obligations to be made known to the buyer, agreed to and paid. The request by Sentry Management is being made after the closing date on the home.
5. I fulfilled all my legal and financial obligations at the time of the closing.
I've checked with my closing attorney - no help - he said talk with the HOA management co. There isn't a HOA board yet because the community is not sold out yet.
So, for you lawyers out there?
Am I obligated to pay this fee?
If not, how do I fight it?
This is more of of an annoyance and I have the time to fight it.
I don't believe that I am obligated to pay it because:
1. No pre-close documents states a “Transfer Fee” is to be paid by the buyer.
2. No closing documents states a “Transfer Fee” is to be paid by the buyer.
3. The “Declaration of Covenants, Conditions, Restrictions and Easements" does not state that a “Transfer Fee” is to be paid by the buyer.
4. The closing is the appropriate time for all financial obligations to be made known to the buyer, agreed to and paid. The request by Sentry Management is being made after the closing date on the home.
5. I fulfilled all my legal and financial obligations at the time of the closing.
I've checked with my closing attorney - no help - he said talk with the HOA management co. There isn't a HOA board yet because the community is not sold out yet.
So, for you lawyers out there?
Am I obligated to pay this fee?
If not, how do I fight it?
This is more of of an annoyance and I have the time to fight it.