Assessment for damage occurring prior to ownership

[moondawgy]

What is the name of your state? Florida.

I don't believe that Florida's statute addresses this question directly: who is repsonsible for a special assessment for damage (i.e. caused by Hurricane Wilma) that occurred prior to transfer of ownership? The new or previous owner? If the statute does not address this issue,are you aware of any on point case law?

Thanks,

 

[HomeGuru]

What is the name of your state? Florida.

I don't believe that Florida's statute addresses this question directly: who is repsonsible for a special assessment for damage (i.e. caused by Hurricane Wilma) that occurred prior to transfer of ownership? The new or previous owner? If the statute does not address this issue,are you aware of any on point case law?

Thanks,

**A: the then current owner at the time of HOA assessment.

 

[moondawgy]

yeah but . . .

I see that language in the statute but, it just doesn't seem equitable to charge a new owner with an assessment for damage that ocurred when title was held be the previous owner. I was unsuccessful in finding similar case law. I wonder if the "risk of loss" clause in the purchase contract could deal with this issue?

Jeff

 

[HomeGuru]

I see that language in the statute but, it just doesn't seem equitable to charge a new owner with an assessment for damage that ocurred when title was held be the previous owner. I was unsuccessful in finding similar case law. I wonder if the "risk of loss" clause in the purchase contract could deal with this issue?

Jeff

**A: what exactly is your situation?

 

[moondawgy]

specifics of situation

Prior to closing, Hurricane Wilma blew through. We re-inspected the condo prior to closing and their was no damage to the condo itself. Also, the mortgage company did a quick re-inspection. The damage leading to the assessment includes some barrel shingles requiring repair, downed trees, clean up, etc. We closed on the property and now there is discussion on a special assessment for those items mentioned. I don't have a specific figure yet and, hopefully, it will be minimal. Anyway, we did not have title to the property when the damages occured and therefore, how can it be reasonable to require new owners to pay for those damages that occured at a time when the previous owners had title to the property?

Thanks,

Jeff

 

[moondawgy]

reactivation of prior thread - damage prior to ownership

I'd like to reactivate this thread for additional commentary. I thought there was a legal standard (in Florida) related to this issue to the effect that if the prior owner had knowledge or should have known that such damage would lead to an assessment that the prior owner "might" be held liable for those damages occurring while an owner??

Thanks.

 

[HomeGuru]

I'd like to reactivate this thread for additional commentary. I thought there was a legal standard (in Florida) related to this issue to the effect that if the prior owner had knowledge or should have known that such damage would lead to an assessment that the prior owner "might" be held liable for those damages occurring while an owner??

Thanks.

**A: the terms and conditions in the contract will prevail. Look at your contract as there should be a clause similar to "assessments if any paid for by______________"( and either the word Buyer or Seller is inserted)