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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102162
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I sold my condo on May 5, 2015 and the title company sent a

Customer Question

I sold my condo on May 5, 2015 and the title company sent a hud statement to the
management company but on July3. 2015
they deducted 1,400.00 for fees for July, August, Sept. 2015 and are refusing to refund the 1,400.00
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
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I am sorry to hear about this situation. Can you please tell me:
1) WHO deducted $1,400? The title company, or someone else?
2) Was there an outstanding balance for COA fees or anything else?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
The management company for the hoa deducted the 1,400.
There was no outstanding balances.
The current owner also paid the fee of I,400 for the 3rd quarter 2015.
Expert:  Ely replied 1 year ago.
Thank you.
First, someone in your situation indeed wants to check to ensure that there were no outstanding assessments, fees, etc, owed to the HOA by the seller. According to Florida Statutes 718.116:
"Assessments; liability; lien and priority; interest; collection.—
(1)(a) A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments which come due while he or she is the unit owner. Additionally, a unit owner is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the owner may have to recover from the previous owner the amounts paid by the owner. For the purposes of this paragraph, the term “previous owner” does not include an association that acquires title to a delinquent property through foreclosure or by deed in lieu of foreclosure. A present unit owner’s liability for unpaid assessments is limited to any unpaid assessments that accrued before the association acquired title to the delinquent property through foreclosure or by deed in lieu of foreclosure."
So if there were such balances, I am afraid that COA (or the management company as the HOA's agent) had the right to recover past due fees from either the PAST or CURRENT owner.
Now if there were NOT any such balances, one may have to sue the COA (or threaten to do so) to get the money back. I say the COA because the management company is acting on the COA's behalf. One may have to go to small claims Court - see here. Often, simply a letter threatening to sue may do the trick.
Good luck.
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