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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36992
Experience:  16 years real estate, Realtor. Landlord 26 years
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I just bought a condo 6 months ago and I have paid the maintenance

Customer Question

I just bought a condo 6 months ago and I have paid the maintenance in full from the time of purchase now the association is trying to foreclose for the previous owners back maintenance fees what can I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
In Florida, condominium association liens are governed by Sec. 718.116, Florida Statutes, that make the new owner “jointly and severally” liable for unpaid assessments. .The statutes specifically provide that:[An] 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..So I hate to say it, but you are going to be stuck paying the back assessments or they can legally foreclose on the property. You could sue the previous owner for reimbursement of any fees that you had to pay though..I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy.....thanksBarrister
Customer: replied 1 year ago.
I have done some research and the association only has a couple of members I have tried to reach out to negotiate a payment plan but I've been told that they are not responding on purpose to try to take the unit for rental or sale what are my options
Expert:  Barrister replied 1 year ago.
Honestly, if they won't enter into a payment plan, then about your only option is to come up with the full payment either by borrowing against the property or from friends or family if you don't have the liquid funds to pay it off..I am sorry that you don't have more options...If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me..thanksBarrister

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