Legal Question in Real Estate Law in Ohio
Condo Assessment
I purchased a condominium in April 2003. I have received notice that for the winter 2002 - 2003 the management company that provides the maintenance had over-spent the budget for snow removal and all units (35 total) would be assessed an additional $245 to make up for the difference in the budgeted amount.
1) Because I did not reside there during the past winter, why should I be responsible for that assessment?
2) Supposedly the proxy vote for approving the assessment was passed by 20 of the 35 units even though I don't know anybody who voted for the assessment.
3) Can I withhold the $80+/month for 3 months that is being assessed beginning in August - escrow it and protest?
1 Answer from Attorneys
Re: Condo Assessment
Generally, pending assessments are something that is dealt with in the purchase agreement when buying a condominium. The declaration of condominum ownership and by-laws will tell you how many unit owners it takes to approve an assessment. If the assessment is proper then you will probably have to pay. You may stand a small chance of recovery from the seller but I think this is something that should have been taken care of in the purchase.
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