Non-disclosure Of Pending Assessment For Storm Damage

[Jenna Hadley]

I live in Minnesota and bought a townhouse and closed on 11-30-2005. There was a major storm on 9-21-2005 that almost every house in a several cities had major storm damage done to which people are still getting siding repaired, gutters, etc. (now in 11-2006). I received a letter on 4-2006 that there was an assessment for the storm of 9-21-2006 and that the damages went above and beyond the insurance of the association so each home owner is being assessed $3,100 more. (The assessment could not be done until the snow melted- it was pending/ amount unknown) I called the manager of the association and was told to disregard the letter that it was not my responsibility because I did not own the home at the time of the storm. (I also have e-amils from her) I also received a letter from the association stating that the amount due was for the sellers who owned the property at the time of the storm. Every time I received my statements the amount had not been paid so I continued to call and was told over and over to disregard the statements. Then about 2 months ago I received a letter form the lawyers representing the association stating if I do not pay the amount due, plus now, legal and late fees, there would be a lean put on my house. I spoke to the title company (who had also previously told me that they would take care of this and call the sellers and to disregard it- twice actually) There was a pending assessment that the amount was not known as of the time of closing that the titile company knew about that and was not disclosed to me from the sellers or the title company or discussed at all at the closing. (There also had been late fees on the association account that were not disclosed that I had to have the title company figure out later too). The title company stated that title insurance does not cover this. I have additional insurance for this exact thing, but my insurance will not cover it because I did not own the property at the time of the storm. THIS IS SO WRONG ON SO MANY LEVELS! WHAT CAN I DO?!!!What is the name of your state?

[HomeGuru]

Originally Posted by Jenna Hadley

I live in Minnesota and bought a townhouse and closed on 11-30-2005. There was a major storm on 9-21-2005 that almost every house in a several cities had major storm damage done to which people are still getting siding repaired, gutters, etc. (now in 11-2006). I received a letter on 4-2006 that there was an assessment for the storm of 9-21-2006 and that the damages went above and beyond the insurance of the association so each home owner is being assessed $3,100 more. (The assessment could not be done until the snow melted- it was pending/ amount unknown) I called the manager of the association and was told to disregard the letter that it was not my responsibility because I did not own the home at the time of the storm. (I also have e-amils from her) I also received a letter from the association stating that the amount due was for the sellers who owned the property at the time of the storm. Every time I received my statements the amount had not been paid so I continued to call and was told over and over to disregard the statements. Then about 2 months ago I received a letter form the lawyers representing the association stating if I do not pay the amount due, plus now, legal and late fees, there would be a lean put on my house. I spoke to the title company (who had also previously told me that they would take care of this and call the sellers and to disregard it- twice actually) There was a pending assessment that the amount was not known as of the time of closing that the titile company knew about that and was not disclosed to me from the sellers or the title company or discussed at all at the closing. (There also had been late fees on the association account that were not disclosed that I had to have the title company figure out later too). The title company stated that title insurance does not cover this. I have additional insurance for this exact thing, but my insurance will not cover it because I did not own the property at the time of the storm. THIS IS SO WRONG ON SO MANY LEVELS! WHAT CAN I DO?!!!What is the name of your state?

**A: where is your Realtor?

[Jenna Hadley]

He is aware of the situation but is not helping me really with anything. He thinks we should go talk to the Board of the association. I think the situation is beyond that point. I think I either have to go to arbutration, but i am unsure if I can take both the seller and the title company to arbutration? They were both aware of the assessment, and I beleive I pay the title company to inform me of such matters, which they were aware of and never mentioned it. What do you think? (Thank-you for your time)
P.S. I am a VERY fair person and if they would have called it a "general" assessment for the property and not a special assessment for the storm when I did not own it, i am sure my additional would cover it or I would have said "oh- that sucks, you got me", but this situation in so unjust it is crazy!