Legal Question in Real Estate Law in Massachusetts

assessments

I purchased a condo a while ago. I found out the front steps (masonry) had been replaced approximately two months before I even viewed the property. The work done was not covered by the regular condo ass. fees and an add'l $1200 was now being asked of me. When the work was done the previous owner occupied the property, he never disclosed that this $$ was still due. Do I have the right to ask the previous owner to pay this assessment? How long do I have to take this matter to court? What are my legal rights? I got in touch with the realtor that found this condo for me and she says the previous owner didn't know that there would be an assesment for the work. Does ignorance free this guy from any liability here?


Asked on 4/14/05, 11:38 am

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: assessments

If the fee was not yet assessed by the Condo Trustees then the prior owner would not be liable. The prior owner should have obtained a 6D Certificate prior to the closing signed by the Trustees confirming that there were no condo fees or assessments outstanding. If there were fees outstanding then these would have been deducted from the seller's proceeds and paid by the closing attorney. If the certificate stated there were no fees then the assessment was probably not yet approved by the Trustees. You should check with the condo trustees to see when the fee was assessed. If assessed after the closing then it is your responsibility.

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Answered on 4/14/05, 11:59 am


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