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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116780
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Can special assessments be levied against owners that was

Customer Question

Can special assessments be levied against owners for damage
that was caused during construction by builders; and their is a current
law suit against builder in the state of Maryland Montgomery County; This
is a historic building made into condos
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, under the condo laws, the board has a right to levy special assessments as needed to pay for repair, maintenance or needs of the association not covered by the regular dues. This is the problem with a condo or homeowners association, the only place money comes from is the owners and if there is money that needs to be paid to get these damages repaired before they settle with the builder or contractor, they can indeed levy an assessment.
However, the condo association can also move the board to take a loan instead of an assessment if they can get someone to loan them money for repairs pending the suit. Also, the insurance could agree to pay for the damages as well. So they have alternatives, but if all fails, an assessment can indeed be levied by the association.

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