Legal Question in Real Estate Law in Michigan
Condo's
We received a letter from the staff of our Condo Association that they were going to fix the roads and it would cost everyone $1,000.00 added to our regular fees. We could pay all at once or $250 every year. We have our house up for sale and our not planning to be here much longer. I had not paid the $250 that was due by July 31, 2005. I got a letter today saying that it is due now or I will be charged a $25 fine every month that it is not paid. First of all am I legally bound to pay for something tht will not even start until 4 years from now and also can they make me pay this fine every month that it is not paid. I thank you in advance for your help.
2 Answers from Attorneys
Re: Condo's
It is a special assessment from the condo association. The association usually has the power to make these assessments. Please refer to your master deed and condo bylaws, the authority to levy this assessment should be there. If it is not there in the master deed or the bylaws, perhaps you should seek out a lawyer to throughly review the documents. For more info., please contact my office at (248)851-3171.
Re: Condo's
Whether a condominium may be assessed, and how the assessment may be made, usually requires a review of the Master Deed, Association By-Laws, and any other agreements which relate to ownership of the unit.
It is not uncommon for assessments to be made as described in this question. This is done to ease the financial burden on the owners. As in this situation, some persons might sell after paying some of the assessment and before the project is completed or even underway.
This situation could be addressed in the same manner as other municipal assessments or taxes. The agreement for sale of the condominium should provide for proration of taxes and other assessments. Any taxes or assessements which have been paid prior to the sale, from which the new owners will benefit, would be a credit to the seller. The amount which is paid at closing would include a reimbursement to the seller for the amount of the assessement which has been paid. Whether this would pertain in these circumstances may depend upon the Master Deed and Association By-Laws.
This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response. I may be contacted at 248.788.8225.
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