Only a lawyer can help her but I suspect the case will depend on what hard evidence she has. It can be difficult to prove someone failed to tell you something. However, any obligation to a HOA should have been included in the deed shouldn't it? The lawyer who represented her at the closing is also at fault so be sure to consult a different lawyer for advice.

See if the contractor sold any other units that way.

Did anyone do a title search when she bought the property? Information re: the association should have been discoverable as part of the search.

Sounds a little odd -- that for two years the property owner was unaware she was supposed to pay dues and there are only 10 property owners in the development?? Hard to believe noone would send her a letter or call or something. If the HOA has proof that they tried to advise her of the dues being owed, she may have a weak case. Also think that in the paperwork she signed at closing, it's highly likely the HOA and its rules were revealed in writing.
Good luck to her.

Brutuses,
At closing, she should have received a copy of the covenants and the HOA fees would have been deducted at the time of closing. If no fees were deducted and she did not received a copy of the covenants, then the HOA board would be responsible. Just Have her go through her paperwork she received at closing. It is the responsiblity of the HOA board to make sure all title companies know they are functioning. I remember when we (I was president) had to grandfather some things that the homeowners had done to their property because the convenants were issued several years after their homes were built. She won't have any luck going after the builder; It would be hard to prove what he told her.

I too find it odd that for 2 years she didn't know there was a HOA in place.

We are temporarily living in a condo owned by my FIL since March that has a HOA. I would estimate that we get correspondence from them at least twice a month on various issues. Couple weeks ago, it was info on worm spraying. Then just today a 3-page document outlining authorized paint colors, windows, doors, etc.

I also find it very strange that they took out a lien without contacting her for payment.

I can't advise on any recourse she may have, but as her friend you may want to consider digging a little deeper. How elderly IS she? Is it possible she was receiving documents/correspondence but didn't understand them or simply forgot them?

Also, ALL of the neighbors where I live are fully aware that a HOA exists. In living there 2 years, and getting to know her neighbors, I'm surprised this didn't come up. I didn't know when we moved here that there was one in place, but I knew within 2 weeks of living here...just in talking to the neighbors (and of course said correspondence in the mailbox.)

Is it possible that because she couldn't afford the necessary landscaping that she just ignored any warnings from them and now finds herself with a bit of a problem?

Good luck to you, and what a wonderful friend you are to help her like this.

She hasn't lived there 2 years....she found out her purchase 2 years of dues were owed. That's the way I read her post.

The HOA dues should have been on her closing statement. The builder should have been responsible for paying them up to closing.

What do you mean "she found out her purchase 2 years of dues were owed."? You mean she just now bought the house and she found out that two years are unpaid so they're hitting her up for it?? No fair.

I'm president of our HOA, and I can tell you putting a lien on a house is the very LAST thing we would do, after lots of begging and correspondence, including a threatening letter from our atty. And we do not make a new buyer pay what the old home/lot owner owed us. However, we also do not have the HOA dues on buyers' closing statements, nor is a realtor, atty, title agency, seller, or builder required to tell a buyer about the HOA. We have tried and tried to remedy this situation, but the fact is, that in our state, it is the buyer's responsibility to find out what the covenants are. These are on file at our city courthouse, but most potential buyers get them from their realtor.

Perhaps you can encourage your friend to sit down and have a neighborly chat with the HOA Pres. or Treasurer and work something out. I think you aren't getting the entire story. Also, your neighbor needs her own copy of the covenants to see exactly where she stands legally. She might also check to be sure her HOA is registered with the state and are paying their dues. Have her ask the HOA if ANY dues have ever been paid on this lot and why SHE has to pay the two years rather than the builder himself. If there is nothing to that effect in the covenants she may have a case. In our HOA, it's the builder who is required to pay the dues until the house is sold.

Thanks to all of you for all the wonderful advice. I will pass this discussion on to my friend and hopefully she can resolve this matter. What bothered me when she bought this house was the haste in which she did it. It seemed to me the builder was not up front with her, but she thought he "was so nice." Now she can't get him to even return a call. Even though they went to closing the house still seems to have some deficiences and now she can't get the builder to return her calls. One thing he promised her was that he would put in the landscaping, but that didn't happen. So I'm not sure what's going on, but your comments and suggestions were very helpful and I'll pass the information on to her. Thanks again.