Legal Question in Real Estate Law in Illinois
My mother sold a townhouse in IL 4 years ago. 18 months prior to her sale the HOA did a reserve study in which did a visual, noninvasive inspection from the ground of the roof and noted minor issues. Eight months after my mother sold the property the HOA had an engineering firm assess the roof (over two years after reserve study). My mother always questioned the spending habits of the board while living there; but had no knowledge of a proposed or pending special assesments at the time of the sale. 2 years after the closing the Board issued the special assessment and the buyer is trying to sue my mother for 10K, the costs of the assessment. Is there a statue of limitations for this situation? Is a person that is not on the board but attends meetings held to a higher standard if they are generally vocal about fiscal responsibility?
1 Answer from Attorneys
The HOA can impose the assessment, the trick will come when they try to enforce it. The HOA may not be able to sustain its burden of proof that the repair was reasonable and necessary. However, you are caught in a catch-22. The Buyer is not happy with the possibility of having to pay off a lien imposed by the HOA. See if you can arbitrate this dispute to save everybody a headache.
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