Legal Question in Real Estate Law in Florida
Singular or plural does it matter?
I have what may be a simple question: My brother and I own a peice of property that was given to us when my father died. Until recently, we were members of the POA (Property Owners Association) for which we paid dues. In leui of the dues we are held to the original contract my father signed with the Seller which requires a maintenance fee . This section in the contract states:''The Buyer or his succesor will be required to perpectually pay into a maintenance fund to Seller or its assigns a charge of $5.00 per month or $60.00 per year. Seller however reserves the right to increase such monthly charges consistent with future maintenance requirments, but such maintenance fund shall not exceed $10.00 per month...'' My brother and I recently each recieved a bill for $60 each. My brother, says that their is to only be 1 $60 bill (for $30 each) because the section states ''successor'' and not successor(s). He feels that we should be treated as a single owner and not as seperate owners. I disagree. Who is correct? My brother feels we should fight it, however; I do not. Please, help!
2 Answers from Attorneys
Re: Singular or plural does it matter?
It doesnt matter. Without advising as to the propriety of the charge, the nature of the charge is against the unit not the number of people who reside within the unit.
Re: Singular or plural does it matter?
It should not make a difference whether one person or ten persons hold title to the property. The charge should not multiply or increase relative to the number of individuals on the deed. Whether or not the charge is valid is another question that is beyond the scope of your inquiry. Good luck.
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