QUESTION: Can we amend our CC&Rs to state that a purchaser of a unit must pay delinquent assessment from prior owners?
ANSWER: By statute and case law, the buyer of a property is not personally liable for the delinquent assessments of prior owners. (Civ. Code §1466, Mountain Home v. Pine Mountain.) If you want to increase the likelihood of getting paid, you should record a lien against the property for the delinquent amounts. That gives your association its best protection against loss.
Architectural Violations. Buyers can, however, be responsible for existing architectural violations that remain unresolved at the close of escrow.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.