Legal Question in Real Estate Law in Florida

Special Assesment Charges

I am purchasing a home in a HOA, we signed the sales contract on 01/28/05 and it was not disclosed at the time that was a pending assessment going to be due. I went for my interview with the HOA board on Tuesday 03/22/05 and was given a copy of the HOA newsletter for Feb.2005 and stated that pending assessment was going to be coming due in the range of $3,800-5,400. The sellers are saying they had know clue about this assessment and that they should haven't to pay it because it is not due before the close date 03/31/05. Am I correct that since it was not stated as a disclosure in the sales contract that is the seller's responsibly to pay or put the estimated about of assessment in escrow until payable.


Asked on 3/23/05, 1:48 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Special Assesment Charges

If you can prove they knew or should have known, it should have been disclosed and they should be paying. If not, and the contract is silent, the owner at time of assessment pays.

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Answered on 3/23/05, 1:53 pm


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