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Albert Marmero
Albert Marmero,
Category: Real Estate Law
Satisfied Customers: 177
Experience:  Partner at Long, Marmero, & Associates, LLP
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I just received a letter from HOA saying roof will be

Customer Question

I just received a letter from HOA saying roof will be replaced. No multiple estimates, hoa fees increase 50% plus $5 monthly for additional fees?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: WA state
JA: Have you talked to a lawyer yet?
Customer: No, I am new to the address, we were not informed that roof needed to be replace before buying the condo. I already ran a comparison with other condominium places, we pay $408/month and don’t even have swimming pool or sauna, they charge for gardening and some of the owners don’t even have grass in they yards.
JA: Sorry about that. I must have missed it. Could you tell me again?
Customer: No, I am new to the address, we were not informed that roof needed to be replace before buying the condo. I already ran a comparison with other condominium places, we pay $408/month and don’t even have swimming pool or sauna, they charge for gardening and some of the owners don’t even have grass in they yards.
JA: Sorry about that. I must have missed it. Could you tell me again?
Customer: just send 2 times my answer
JA: Anything else you think the lawyer should know?
Customer: yes where to find a good lawyer in WA
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Albert Marmero replied 6 months ago.

At this link, I am attaching the Washington law which states what must be disclosed to a purchaser of a condo prior to the execution of the sale contract.,,http://app.leg.wa.gov/rcw/default.aspx?cite=64.34.425 With respect to replacement of roofs, letter (f) in this would be applicable, in that you should have been made aware of "any anticipated repair or replacement cost in excess of five percent of the annual budget of the association that has been approved by the board of directors." So if the idea to replace the roofs had already been approved by the Board at the time you purchased the condo and you were not made award of this, then you may have a cause of action against the seller.

If, on the other hand, the roof replacement was approved by the Board after you purchased the condo, then there would be no cause of action, unless the Board did something improper. So let me know when you purchased the condo and when you learned of the roof replacement.

I hope this is helpful. Please provide a rating so I receive credit for responding to you. Also, please provide the information I requested and feel free to ask any follow up questions. Thanks!

Customer: replied 6 months ago.
What about monthly fees unexplained? Why HOA charges each owners $5/monthly on top of top of the provision request?
Expert:  Albert Marmero replied 6 months ago.

Yes, at the time of sale, you should have been made aware of the monthly condo fees and any other fees payable by condo owners. See (b) and (e) in the law I previously attached.

Expert:  Albert Marmero replied 6 months ago.

I noticed I responded to both of your inquiries both you did not provide a rating for my services. Please provide a rating so I receive credit for responding to each of your inquiries. Thanks!

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