Legal Question in Real Estate Law in Florida
Should I pay Special Assessment?
Dear Lawyer,
I am requesting your expertise to resolve this matter regarding a special assessment fee charged by my association.
I purchased a condominium in September of 2002. At the time of the closing, the association did not indicate any pending fees from the owner. Also, there was no indication of any pending special assessments. I was only notified that the pipes were being replaced in the entire building.
At the end of January I received a letter from the condo association that a charge of $1,700 is due for the pipe replacement.
The information I have gathered so far is that the condo association took a loan from the bank for the special assessment in the middle of July of 2002 and the pipe replacement was already in progress when I purchased this condominium.
I believe the previous owner should be responsible, or at least partially responsible, but I would like your legal opinion regarding who should be responsible for this.
Sincerely,
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2 Answers from Attorneys
Re: Should I pay Special Assessment?
If the prior owner knew the assessment was in the works he was obliged to advise as per the disclosure requirements. If he did not know then it is your responsiblity.
Re: Should I pay Special Assessment?
Follow the prior reply. Note, it seems that there was warning that an assessment would be made, it wasntt certified or liquidated, until after the closing. See your contract for purchase and sale of the unit. The contract probably provides for this contingency and makes you responsible.
Have you discussed this with the person who represented you at the closing?
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