Legal Question in Real Estate Law in Florida

Re: Hoa

You bought the codo fro a private organization and not the HOA, so you can not expect them to be bound by what some one else agreed on without telling or talking to them. Obviously you must have seen the damage and realized tht the HOA probably would have to impose a special assessment to cover some of that.

On the other hand, the seller, their realtor and your realtor should have warned you of the asssessment and convey to you any written discussion as to it. That is a factual question of what knowledge did both sides have an dwhat was obvious. Unless the sellers took a second deed of trust from you, how are you going to find them to force them to pay even if you have a small claims court judgment? You best bet is to try to get the person you used and whomever they used to reimburse you for their negligence and failure to comply with state law..

Re: Hoa

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You had an obligation to inquire of the Association as to any pending special assessments. If you were represented by an attorney at closing, it was his or her responsibility to do this for you. If you failed to do so, then you will have to absorb the loss unless you can prove that the Sellers and/or realtor were aware of the pending special assessment and failed to notify you of the same. Under Johnson v. Davis, either might have liability if they failed to disclose this known fact to you.

On the other hand, if the building was damaged, you should have inquired about the same when you met with the Association for your screening prior to being approved. Unfortunately, under Florida law, the buyers of a condominium unit are responsible for all special assessments which become due on their unit. If you fail to pay, they can file a Lien against your unit for the amount in question plus recording fees, interest, and a reasonable attorney's fee.

Scott R. Jay, Esq.