ADA and our Homeowners Assoc.

[savannahguy]

What is the name of your state (only U.S. law)? Georgia

Hello,

We just received a special assessment form our Homeowner's Association that kindly informed us that they were involved in a ADA lawsuit, had attempted to settle without success, and now were forced to litigate.

I was just in the final process of placing my townhouse on the market for sale.

I am not a lawyer, but I assume that I will have to disclose this to a potential buyer in some fashion. I am also guessing that the legal liability for "my part" of whatever legal fees and possible judgment against my homeowners association will follow me, instead of transferring to the next owner.

I just wanted to get a basic confirmation that I am stuck paying for this suit brought against the Homeowner's Association + Builder, any advice as to the best way to disclose this to a potential buyer, and do I have any recourse against the Association.

Thanks

[HomeGuru]

Originally Posted by savannahguy

What is the name of your state (only U.S. law)? Georgia

Hello,

We just received a special assessment form our Homeowner's Association that kindly informed us that they were involved in a ADA lawsuit, had attempted to settle without success, and now were forced to litigate.

I was just in the final process of placing my townhouse on the market for sale.

I am not a lawyer, but I assume that I will have to disclose this to a potential buyer in some fashion. I am also guessing that the legal liability for "my part" of whatever legal fees and possible judgment against my homeowners association will follow me, instead of transferring to the next owner.

I just wanted to get a basic confirmation that I am stuck paying for this suit brought against the Homeowner's Association + Builder, any advice as to the best way to disclose this to a potential buyer, and do I have any recourse against the Association.

Thanks

**A: you are required to disclose the information. You have no recourse against the HOA.

[tranquility]

Although, I suspect, any litigation loss will go agains the property at the time of the judgment and not the owner at the time of the violation.

[HomeGuru]

Originally Posted by tranquility

Although, I suspect, any litigation loss will go agains the property at the time of the judgment and not the owner at the time of the violation.

**A: please clarify.

[tranquility]

Date 1, ADA violation by the HOA. At a later date (Date 2) a suit is filed against the HOA and won by the plaintif. If, between those dates an owner moves out, I don't think he is responsible for the portion of the settlement/judgment allocated to the property, the current owner is.

[HomeGuru]

Originally Posted by tranquility

Date 1, ADA violation by the HOA. At a later date (Date 2) a suit is filed against the HOA and won by the plaintif. If, between those dates an owner moves out, I don't think he is responsible for the portion of the settlement/judgment allocated to the property, the current owner is.

**A: ok, that clears things.

[savannahguy]

"sigh"

Yeah, that's what I was worried about. I am trying to sell this property so I can move my family back home... Yet with having to disclose "by the way, there's a lawsuit against this HOA" ought to scare potential buyers away in short order.

Grrrr.

I guess that my best hope is to continue on, and hope that the HOA settles in the near future, before I have to sell my Townhome.

[HomeGuru]

Originally Posted by savannahguy

"sigh"

Yeah, that's what I was worried about. I am trying to sell this property so I can move my family back home... Yet with having to disclose "by the way, there's a lawsuit against this HOA" ought to scare potential buyers away in short order.

Grrrr.

I guess that my best hope is to continue on, and hope that the HOA settles in the near future, before I have to sell my Townhome.

**A: request a legal opinion of the lawsuit settlement from the HOA attorney for sales purposes.