Builder filed chapter 11 bankruptcy, who pays association due?

Question

I closed my home 12/03 and did not get any statement for association fee until now. When I called the HOA in the past, they mentioned that our house has not turned over to them yet which means the builder was supposed to take care of association fees. Now my builder filed chapter 11 bankruptcy, HOA is billing us 3 yrs worth of association fees. In this case, am I liable to pay the whole amount? Something is fishy. It can not slip HOA's radar for 3 yrs. On top of that HOA is charging us late fees! It's obvious that HOA trying to scrape as much as money they can from me. I'm more than willing to pay any portion I'm legally liable for. Any expert in this field, please chime in.

Thank you in advance.

Answer 1

You're going to end up paying the HOA fees, since you owed the fees from the moment you took possession of the property. The builder doesn't owe HOA fees for when YOU owned the property. Sounds like the builder was simply sloppy in informing the HOA that ownership transferred from him to you.

You might be able to convince the HOA to drop the late fees, given what occurred. However, the fees are fully payable by you.