Special Assessment for Legal Fees for Issue Prior to Ownership

[Ruth Brown]

What is the name of your state? OH

In Sept 2005 a special assessment was levied by my HOA to defend a lawsuit filed by another association member for an incident that happened prior to my ownership into this HOA. This is a waterfront community with a sea wall (canal) for docking watercraft. Apparently, this member left a water line running on their property and it caused damage to the sea wall after freezing resulting in major repairs. These people paid some of the cost of the repairs, but now they are suing the entire association to get reimbursed. My question is....this incident and most of the repairs occurred prior to my ownership. The bylaws state that I am responsible to pay for special assessments during ownership. But, I was not made aware of this issue when I purchased probably because most of the repairs had already been made. Now I am being told that I am responsible to pay a $100 legal fee (special assessment) for the HOA to defend this lawsuit. Another important part of this is that not all of the waterslips are on the sea wall. My waterslip is one that is not on the sea wall (they call it off-canal). The bylaws state that off-canal owners are not responsible for repairs or maintenance to the sea wall. But since these people sued the entire association, I am now responsible. I have paid the assessment to avoid late fees and legal action against myself but still want to know how I can get reimbursed and exempted from this whole situation. Any help would be appreciated.

 

[HomeGuru]

What is the name of your state? OH

In Sept 2005 a special assessment was levied by my HOA to defend a lawsuit filed by another association member for an incident that happened prior to my ownership into this HOA. This is a waterfront community with a sea wall (canal) for docking watercraft. Apparently, this member left a water line running on their property and it caused damage to the sea wall after freezing resulting in major repairs. These people paid some of the cost of the repairs, but now they are suing the entire association to get reimbursed. My question is....this incident and most of the repairs occurred prior to my ownership. The bylaws state that I am responsible to pay for special assessments during ownership. But, I was not made aware of this issue when I purchased probably because most of the repairs had already been made. Now I am being told that I am responsible to pay a $100 legal fee (special assessment) for the HOA to defend this lawsuit. Another important part of this is that not all of the waterslips are on the sea wall. My waterslip is one that is not on the sea wall (they call it off-canal). The bylaws state that off-canal owners are not responsible for repairs or maintenance to the sea wall. But since these people sued the entire association, I am now responsible. I have paid the assessment to avoid late fees and legal action against myself but still want to know how I can get reimbursed and exempted from this whole situation. Any help would be appreciated.

**A: read the CC&R's and pay the fee.

 

[Ruth Brown]

I have read all of my documents and I did pay the fee. That's why I was asking for advice, because no where does it specifically state that I am responsible to pay for special assessments for issues that occurred prior to my ownership. It only says that I am responsible for assessments made during my period of ownership. Does this mean that I could be responsible for these special assessments for up a total of 2 years (statute of limitations) after my purchase to defend lawsuits by association members for issues occuring prior to my ownership? Thanks again for any help.

 

[HomeGuru]

I have read all of my documents and I did pay the fee. That's why I was asking for advice, because no where does it specifically state that I am responsible to pay for special assessments for issues that occurred prior to my ownership. It only says that I am responsible for assessments made during my period of ownership. Does this mean that I could be responsible for these special assessments for up a total of 2 years (statute of limitations) after my purchase to defend lawsuits by association members for issues occuring prior to my ownership? Thanks again for any help.

**A: you paid the $100 legal fee that is the subject of this thread?

 

[Ruth Brown]

Yes. I paid the special assessment which is going toward legal fees for the association to defend this lawsuit. I am wondering if I should pursue getting exempted from any further assessments by the Association in defending this lawsuit and getting reimbursed my $100. It's not the amount of money at this point, it's the principle. I don't think I should be responsible to pay to defend something that occurred prior to my ownership. Thanks again.