Weird Property Issue
Location: Colorado
I bought property in an area that has a Property Owner's Association (POA), but these lots were for some reason not within the jurisdiction of the POA. The previous owner had them for 20+ years and never paid POA dues (or received any bills). To be sure to avoid confusion, I went to the POA before purchase to confirm that the lots were excluded, and received a written confirmation of such from the responsible party at the POA. The title company also confirmed with him that no dues were owed on the lots and no transfer fees had to be paid upon sale.
Now, three years later, the POA has contacted me to say, "Oops, those lots actually ARE in the POA, and you're going to have to start paying $650/year on each of them. Because we understand our error, we won't charge you for the previous years, and we'll waive the fees until 2027."
They acknowledge that I did everything right, and that the mistake is theirs, but claim their hands are tied by their covenants. They've offered to buy the lots for what I paid, but I don't want to sell them, as I got them at a very good price and want to keep the land.
Am I correct that this is their problem and that if it came to lawyers, I have a solid case? Or are they correct that the written confirmation from three years ago isn't enough to over-ride their covenants? Thanks for any insight you might have. I'd love to avoid a messy and expensive conflict.
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