How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 99983
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
7286322
Type Your Real Estate Law Question Here...
Ely is online now
A new question is answered every 9 seconds

In 1997 we moved to a different county than our condo which

Customer Question

In 1997 we moved to a different county than our condo which we rent. In 2005 I audited the books and found that they had increased the assoc. fees without informing us. We refused to pay the difference, a) we were not inform of the increase, b) we were not informed of any meeting to vote for said changes, by proxy or otherwise. To date I have not been able to get them to communicate anything with us. We have since paid the new amount as we know it to be, but not for the arrears. We would like to sell the property now but wonder if this is going to present a problem.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Without getting into the issue of whether or not withholding full payment is correct due to lack of notice, let us address your main question of whether the accumulating back debt on Association dues would be a problem for a sale of the property.

In Florida, COAs in this situation are governed by by Sec. 718.116, Florida Statutes, and HOAs in this situation are governed by Sec.(###) ###-#### ***** these statutes, both the seller and buyer are "jointly and severally" liable for unpaid assessments.

This means that the Association can pursue either party, or both. And if they pursue the buyer, they can then sue you for indemnification claiming that you never told them about the past due balance.

So yes, this may be an issue. The only way to avoid this is to have the buyer agree in writing to confirm that they are aware of the past due balance and know of it, and will not seek indemnification against the seller if they are pursued for it.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.