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Updated 2 days ago on . Most recent reply

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Mike Bell
  • Martinsburg, WV
2
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29
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Previous HOA property

Mike Bell
  • Martinsburg, WV
Posted

I bought a small lot via tax lien sale, got the deed. No restrictions came up in title search however property was previously a community owned property. Sold from the HOA in 2004 via tax lien. HOA dissolved in 2005 due to failure to report to the state. Anyone have experience ? I'm going to go back into the court house to see if I can find the old CC&R to see about a dissolution clause. I'm mainly worried about sinking 5-6k into it on land clearing and then the old HOA members saying they still have a right of use. Which they may.

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Replied

Mike, If the HOA was dissolved that long ago and you only recently purchased the property via tax lien sale, then it is quite unlikely that any old HOA members have any rights to the property, both based on the length of time that has passed (statute of limitations) and their failure to make a claim or sufficient effort to maintain their rights. If the dissolution happened in 2025, then we would be having a different conversation. That being said, anytime you are involved with a tax lien property that you will hold and develop, title insurance and a deeper search from a real estate attorney or similar professional is always a good idea.

Note: This information is for educational and informational purposes only and does not constitute legal, tax, financial, or investment advice. No attorney-client, fiduciary, or professional relationship is established through this communication.

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