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Can an agent enforce payment of non mandatory POA dues?
My community has a POA. Our covenants have no mandatory dues written or listed anywhere in them.
Our POA board interchanges the use of HOA/POA terminology to illicit mandatory dues from property owners selling their homes and land. The POA a few years back hired a property management company who were also real estate agents to manage the financial side of the association. In doing so they were given a set of bylaws stating the association had mandatory dues. These bylaws did not align themselves to our covenants. Anyone not paying those annual dues were told they would have to pay when selling their property at closing. The management company shared this information with all the other realtor groups in the county. Also, informing title companies there was a transfer fee to be paid by seller at time of closing. If the seller refused to pay any " outstanding" fees the sale of property could /would be jeopardized and risked the sale not going through. This situation is illegal, the covenants do not subscribe to mandatory fees of any description in the entirety of the document, and therfore real estate companies have no right to enforce this and should stop demanding this from sellers. How can we stop real-estate agents giving potential buyers false information about mandatory dues and transfer fees, and forcing sellers to pay for fees that are not mandatory?
Asked By Fiona Vaughan | Sevierville, TN | 34 views | Finance Legal Info | 4 weeks ago
Answer(1)
Julianne Clark / Your Lowcountry Realtor
Charter One Realty
Sounding like you and your frustrated neighbors need to consult legal advice through a local real estate attorney familiar with the area, community and has handled closings in the community. I can understand your frustration and really do not think you will get the answer you are looking for on this forum. To many unknown variables and all states have different laws pertaining to property management.
- 3 weeks ago
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