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

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In 1997 we moved to...
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: 2 years ago.Category: Real Estate Law
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1/22/2016
Real Estate Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,582
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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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.

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