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Home Owners Association - I bought a foreclosure - nothing I signed refers to HOA - am I obligated to Pay 500?

Just bought my first house. It was a foreclosure & due to a transferring stock issue and a contractual time restriction, my mom stepped up and wrote a check for the house and then sold it to me in a completely second closing as if I were a complete stranger with escrow and all. No where in her ( moms ) purchase or in my second closing paperwork does it say anything about obligating me or her to pay HOA dues. * As far as I know they don't provide any services other than the community swimming pool which is of no value to me. * The other reason I don't want to sign the contract they are harassing me to sign and submit with 500 dollars is then they think they can boss me around with their "nazi rules" like no garden in "my back yard," or some kind of building restrictions, etc... So my question is this: * Isn't this an issue of contract law ? I didn't sign any contract or anything of any kind referring to or promising in any way any payments or participation to any HOA. * So Am I Obligated ? ( San Antonio, Texas ) * Seems like if I don't sign anything they have no power over me ? ? ? Thank You...

Public Comments

1. The first thing you need to do is read the title insurance commitment that you and/or your mother received when you purchased the property. There should be a reference to the HOA and any other covenants and restrictions in the commitment. You (or she) could have requested a copy of the documents prior to closing. These are undoubtedly documents of record. You aren't required to sign anything for them to be valid. That was done before the first unit was sold in the development. If the documents provide for a fee and approval of a purchaser, you must comply. Again, a thorough reading of the documents will tell you. Be sure you are on firm ground before you get your hackles up with the HOA folks. They must enforce the rules or a few can spoil it for the many. In all fairness, reviewing both the rules and the finances of the HOA is primary research a knowledgeable person does before making an offer to purchase. Sorry you had to learn this the hard way.
2. You are obligated in Tx to be a part of the HOA if you purchase a home that resides in HOA subdivision. It is YOUR responsibility to do your due diligency prior to the purchase of ANY home as to whether it is a part of an HOA or not. If you would have had a real estate agent to represent you and your best interests this is part of what he/she does for you. In TX should you decide to not pay the fees...even though as you say they don't do anything for you....you may have a lein placed on your home and it could have a forced sale through the HOA. You might be suprised to know that HOA's are really there for your protection. They no doubt maintain other things in the subdivision rather than the swimming pool. The entrance to the subdivision. Some even maintain their own streets, lighting in the sub etc. If there are commons those are there for all. It helps to maintain the value of your home so the person next to you maintains their yard and doesn't paint their home fusia pink with a green roof. etc. So you might want to pay up the $500 since sounds like you thought you were getting a deal on a house and didn't investigate anything about it prior to its purchase. It would be a shame to pay it in attorney fees when you have a lien placed on your home. I'm in TX (Dallas Ft Worth area)
3. If the party from whom you purchased the property specifically said, "No HOA dues," then you MAY have a contract law remedy for misrepresentation. My guess is that because this was a foreclosure, there was no such representation made to you. Otherwise, a HOA is something that would show in a title search, because the papers forming a common interest development are always recorded in the county recorder's office. Moreover, it is usually obvious to even the most casual observer whether a home is in a HOA community just by looking at the house and the immediate surroundings. Once the HOA documents are recorded, any future homeowner is presumed to have knowledge of its existence, and its regulations are enforceable whether you sign something or not. Think of an easement. If a neighbor, or utility company, has an existing easement over your recently purchased property, do you think the easement becomes unenforceable because you didn't sign anything when you bought the property?
4. If your home is located in an area where a legal home owners association has been established, then you have no choice in the matter. The information concerning the association should have been in the Title Report that was obtained for the transaction between you and your mother. So you should check and see if anything was in that report. You had to have accept the title report as it was. There should have also been a copy of the CCR's available to you prior to closing, these documents would also indicate there were a Home Owner's Association. I have never heard of a situation where someone has opted out of the association, but there is always a first time for everything. The associations normally take care of common grounds such as the trees, curbs and other common areas to make sure the houses in the association maintains an acceptable standard of up keep. You are required and obligated by all association rules and regulations as outlined in the CC R's and Associate By-laws, to include paying the$500.00 per month if that is the amount of each monthly payment. Now if you which to fight the association you should contact a competent real estate attorney in our neighborhood. If you are not pleased with the rules and by laws of the association you must attend the meetings and try to get the majority or what ever margin of victory needed to over come a rule you are displeased with. I hope this has been of some use to you, good luck. 'FIGHT ON"
5. it sounds shady 2 me. personally, i'd B leery of this. if the dox r not assoc. w/ HOA I'd run the other way. what u can learn from this is next time, check things out B4 purchase. what u can do now if u choose, is IF u hadn't paid yet, i'd back out of signing a contract.