Legal Question in Real Estate Law in Florida

Condo assessment for hurricane damage

Hurricane Charley occured 8/13/04. Our house was badly damaged so we purchased a condo nearby from its original owner, closing in a cash sale on 9/30/04 with no realtor involved. Our unit was built in 2002-03, had no hurricane damage aside from some small holes in the lanai screen and some paint damage on the lanai. Other units had severe lanai damage; the clubhouse was damaged; and landscaping and fencing were lost. The developers (who is still building here) announced on 12/7/04 that each of 72 units (the two 'completed' buildings) will be assessed $3000.+ to cover the deductible of the insurance they carry on the complex for building and landscaping damage caused by Charley. (Of the 72 'shares' assessed, 55 are individually-owned units while 17 unit shares will be paid by the developer as those units had not 'closed' as of 8/13.) WE did not own here on 8/13, but did we purchase the original owner's liability for this assessment? Do we need to chase him down and try to get his homeowner's insurance that was in effect on 8/13 to pony up his share for this assessment? Do we have any legal legs to stand on? If the seller refuses to cooperate, are there laws in Florida that will assist us or are we up the proverbial creek?


Asked on 12/27/04, 2:01 am

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Re: Condo assessment for hurricane damage

Read your documents. It should indicate who is responsible for this assessment, which is probably you.

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Answered on 12/27/04, 8:24 am


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