Title company goofed up

[broncos730]

I just bought a second hand home a few weeks ago. On my HUD statement there was no mention of a $350 "startup fee" that the HOA is asking for. They provided this info to the title company well prior to my closing but it was never disclosed to me or included in my closing costs.

My question is this - Are they (or the buyer) liable to pay this money? If it was needed and not disclosed to me am I legally obliged to pay it or are they?

[aprazma]

Normally a fee of this sort is required to be paid during escrow because it is a demand that is received after the title report is examined and the HOA is contacted regarding transfer procedures related to the CC&Rs attached to the deed.

If a mistake happened here, that is unfortunate, but I don't see how you could ultimately avoid paying this amount if it is specified in the CC&Rs. However, you should ask for documentation about what part of the CC&Rs authorizes this fee.