Association Can’t Charge Buyer for Seller’s Previous Unpaid Assessments

Facts: A buyer purchased two properties at foreclosure sales in communities maintained by an association. The association later demanded payment for any and all unpaid association assessments, including those that came due prior to the buyer’s ownership, under threat of a claims lien foreclosure. The buyer paid the past-due assessments for both properties by check, noting that it “paid under protest and with full reservation of all rights and remedies.”


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