special assessment question

[mrmass]

What is the name of your state? MA

Hello, I purchased a nice condo earlier this year. The association decided on a special assessment the night before we closed (without our knowledge), and the assessment was not disclosed. Now since then we have never received any documents regarding the assessment.
Even though I do feel somewhat cheated I'm fine with paying the dues, however I'm uncomfortable with doing so my word of mouth. The management company/trustees have largely ignored all my requests for documentation.
Do I have the right to get in writing that there is an assessment in effect and what exactly it is for ?

[HomeGuru]

Originally Posted by mrmass

What is the name of your state? MA

Hello, I purchased a nice condo earlier this year. The association decided on a special assessment the night before we closed (without our knowledge), and the assessment was not disclosed. Now since then we have never received any documents regarding the assessment.
Even though I do feel somewhat cheated I'm fine with paying the dues, however I'm uncomfortable with doing so my word of mouth. The management company/trustees have largely ignored all my requests for documentation.
Do I have the right to get in writing that there is an assessment in effect and what exactly it is for ?

**A: of couse you are in the right.

[mrmass]

And how do I enforce my right ? I have informed them several times that I want documentation, nothing happened. I slipped payment (even though I was never informed that I had to pay) to draw some attention and got treatened with legal action right away (by the mgmt. company). Should I consider this treat to be the official "invitation" to the assessment ? It at least states the amount I'm supposed to pay black on white.

[HomeGuru]

Originally Posted by mrmass

And how do I enforce my right ? I have informed them several times that I want documentation, nothing happened. I slipped payment (even though I was never informed that I had to pay) to draw some attention and got treatened with legal action right away (by the mgmt. company). Should I consider this treat to be the official "invitation" to the assessment ? It at least states the amount I'm supposed to pay black on white.

**A: stop talking in a weird fashion.

[mrmass]

weird how ?

[HomeGuru]

[quote=mrmass] I slipped payment (even though I was never informed that I had to pay)

**A: you slipped payment? One slips on a banana.
*********

to draw some attention and got treatened with legal action right away

**A: treatened?
*********
Should I consider this treat to be the official "invitation" to the assessment?

**A: the word is threat not treat. Treat comes during Halloween: trick or treat.
**********

It at least states the amount I'm supposed to pay black on white

**A: black on white? Are you saying that you have a written statement with the amount due from the HOA or mgt. co.?

[mrmass]

**A: black on white? Are you saying that you have a written statement with the amount due from the HOA or mgt. co.?

Well, yes when I didn't pay they said it was past due and thus the past due included the amount. But they still have never send anything saying there is an assessment because of such and such things and your share will be n times this amount.

[mrmass]

Another question. Since the special assessment was decided by the trustees before I closed, am I legally even liable for the assessment ?

[HomeGuru]

Originally Posted by mrmass

Another question. Since the special assessment was decided by the trustees before I closed, am I legally even liable for the assessment ?

**A: yes you are. Read your condo HOA CC&R's and meeting minutes.. End of story. Case closed.

[mrmass]

Okay, thanks for your answer. Problem is I don't have the meeting minutes and the Seller was one of the trustees. So your conclusion is that I have to pay even though I have no documentation about the assessment and trustees refuse to give me anything in writing.

[HomeGuru]

Originally Posted by mrmass

Okay, thanks for your answer. Problem is I don't have the meeting minutes and the Seller was one of the trustees. So your conclusion is that I have to pay even though I have no documentation about the assessment and trustees refuse to give me anything in writing.

**A: did you read the condo HOA CC&R's. No you DID NOT. IF you did, you would not be still posting.

[mrmass]

I did read the docs and they state that I need to be informed of an assessment at least 1 month ahead of time (I was not). It also states that I have the right to see the meeting minutes/budgets etc., but I have not.
I think the whole master deed and bylaws are a piece of crap. The bylaws are violated in numerous cases in this assoc. with no effect. I think they are completely meaningless, so don't tell me I should read them AGAIN.
I was told before that it is indeed sad that this is the case but there is nothing I can do about it. I do understand that I have to pay either way, I'm just wondering whether there would be even hypothetically any option to rectify this. After all I have been actively lied to during the condo purchase and even now I'm not allowed to even know about any business going on in the association.

[HomeGuru]

Originally Posted by mrmass

I did read the docs and they state that I need to be informed of an assessment at least 1 month ahead of time (I was not). It also states that I have the right to see the meeting minutes/budgets etc., but I have not.
I think the whole master deed and bylaws are a piece of crap. The bylaws are violated in numerous cases in this assoc. with no effect. I think they are completely meaningless, so don't tell me I should read them AGAIN.
I was told before that it is indeed sad that this is the case but there is nothing I can do about it. I do understand that I have to pay either way, I'm just wondering whether there would be even hypothetically any option to rectify this. After all I have been actively lied to during the condo purchase and even now I'm not allowed to even know about any business going on in the association.

**A: then you raise a seller disclosure issues which was not the main subject of this thread.

[Gadfly]

Do you have documented in writing, return recipt your requests for the documents? If yes then you may be in a good position.