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Structural Problems Withheld

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blue22

Guest
What is the name of your state? Ohio

I bought a condo earlier this year and it has recently come up that we will be assessed somewhere between $1000-$2500 for some needed structural work on another building in my association. This came as a surprise to me as I had no knowledge of it when I bought the place.

On the Residential Property Disclosure Form, under "Structural Components" Yes was checked off with this explanation: "Structural engineering study done in buildings 1633 and 1655 found to be structurally sound." I read this and figured there were no worries. As it turned out, at the annual meeting (2 months before this form was signed by the seller), a contractor explained there was a significant problem that needed to be addressed with regards to the foundation.

My question: Did the seller withhold information from me and/or lie (by stating the building was structurally sound)? I mainly want to know what the residential property disclosure form does. Is it legally binding? If I would have known there was a major issue they were going to deal with I might not have bought the place, or I would've had a few thousand knocked off the price.

What course of action should I take?
 


HomeGuru

Senior Member
blue22 said:
What is the name of your state? Ohio

I bought a condo earlier this year and it has recently come up that we will be assessed somewhere between $1000-$2500 for some needed structural work on another building in my association. This came as a surprise to me as I had no knowledge of it when I bought the place.

On the Residential Property Disclosure Form, under "Structural Components" Yes was checked off with this explanation: "Structural engineering study done in buildings 1633 and 1655 found to be structurally sound." I read this and figured there were no worries. As it turned out, at the annual meeting (2 months before this form was signed by the seller), a contractor explained there was a significant problem that needed to be addressed with regards to the foundation.

My question: Did the seller withhold information from me and/or lie (by stating the building was structurally sound)? I mainly want to know what the residential property disclosure form does. Is it legally binding? If I would have known there was a major issue they were going to deal with I might not have bought the place, or I would've had a few thousand knocked off the price.

What course of action should I take?
**A: the disclosure form is not legally binding as it is not a contract. Read it over and ask your Realtor. Why did you not investigate directly with the HOA?
 
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blue22

Guest
Well, I'm not sure how my condo association is involved with this. Isn't it just something between me and the seller? I will talk with my realtor next. I just want to know what sort of rights I have as far as getting the seller to pay any money I will owe in the future because of this problem. Is this a potential case for small claims court?
 

HomeGuru

Senior Member
blue22 said:
Well, I'm not sure how my condo association is involved with this.

**A: well, I am telling you the HOA is involved unless you show me in the CC&R's or letter from the HOA legal counsel that the building foundation is not a common area and is not the HOA responsibility. Do you know what the legal definition of a condo really is?
*******
Isn't it just something between me and the seller?

**A: see above.
*******
I will talk with my realtor next. I just want to know what sort of rights I have as far as getting the seller to pay any money I will owe in the future because of this problem. Is this a potential case for small claims court?
**A: no, this is not a small claims case unless the remedial work is small and under the small claims threshold.
 
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HomeGuru

Senior Member
And when was this issue first brought up by the HOA as reflected in the HOA and Board meeting minutes?
 
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blue22

Guest
HomeGuru: I am new to all of this, so I'm sorry if I don't understand all that you are advising. For instance, I'm not sure what you mean by CC&R's. And no, I guess don't know what the legal definition of a condo is, but from what I know about this impending project, the work will be done and we will be assessed for it. The problem involves interior walls, etc. and I guess that is why we are all responsible.

As far as when it was levied, I guess I don't know exactly what that means. Looking at the minutes from the annual meeting from a year ago, I know that they explained to everyone that the buildings are bad and some work needs to be done (cost estimates were given then). When I bought the place in January 2004 things were in process to begin the work soon, and again, I had no knowledge of this. Now, after going to this year's meeting, they have explained work will begin in the next few months and they need to have the money we owe in full by June 2005.

As for when the issue was first brought up, I don't know for sure. But, I have heard from other neighbors that studies were done on nearby buildings as long as 2 years ago. I think this is something they've known about to some extent for awhile, but are just now fixing because it has gotten quite bad.
 

nusias9

Member
Please read your by-laws, as they will explain common and individual elements.
You should also read the section that explains the assessment process.
You should have received this with your closing papers.

If you are speaking about repairs to the wall(s) in a hallway outside of your unit, then it is common. That's why your HOA is seeking an assessment. It belongs to each unit owner and you all share the cost.

I think an assessment is only considered pending after the association has agreed on the collection/due date. They may have talk about it at the meetings, but seems as though they never took steps to collect until after you purchased. If that is the case, you have pay the assessment. Only if the date had been set prior to closing, I THINK, would the seller be responsible. Did they set an assessment date at the previous meeting prior to your ownership?

Is this regular maintance and your mad about having to pay an assessment right off the bat??? Oh my, there will be worse things to worry about. Don't piss everyone off just yet!!!!!!!!

Your realtor can do nothing about this matter. It's between you and your association, and will not want to be involved.

Good luck and welcome to condo HELL!!!! :)
 
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HomeGuru

Senior Member
blue22 said:
HomeGuru: I am new to all of this, so I'm sorry if I don't understand all that you are advising. For instance, I'm not sure what you mean by CC&R's.

**A: review your title report and ask a HOA Board member.
***********

And no, I guess don't know what the legal definition of a condo is, but from what I know about this impending project, the work will be done and we will be assessed for it. The problem involves interior walls, etc. and I guess that is why we are all responsible.
**A: interior walls are consider a common element.
*******

As far as when it was levied, I guess I don't know exactly what that means. Looking at the minutes from the annual meeting from a year ago, I know that they explained to everyone that the buildings are bad and some work needs to be done (cost estimates were given then). When I bought the place in January 2004 things were in process to begin the work soon, and again, I had no knowledge of this. Now, after going to this year's meeting, they have explained work will begin in the next few months and they need to have the money we owe in full by June 2005.

As for when the issue was first brought up, I don't know for sure. But, I have heard from other neighbors that studies were done on nearby buildings as long as 2 years ago. I think this is something they've known about to some extent for awhile, but are just now fixing because it has gotten quite bad.
**A: 2 years ago? Then both you AND the Seller would have known about it.
 

HomeGuru

Senior Member
nusias9 said:
Please read your by-laws, as they will explain common and individual elements.
You should also read the section that explains the assessment process.
You should have received this with your closing papers.

If you are speaking about repairs to the wall(s) in a hallway outside of your unit, then it is common. That's why your HOA is seeking an assessment. It belongs to each unit owner and you all share the cost.

I think an assessment is only considered pending after the association has agreed on the collection/due date. They may have talk about it at the meetings, but seems as though they never took steps to collect until after you purchased. If that is the case, you have pay the assessment. Only if the date had been set prior to closing, I THINK, would the seller be responsible. Did they set an assessment date at the previous meeting prior to your ownership?

Is this regular maintance and your mad about having to pay an assessment right off the bat??? Oh my, there will be worse things to worry about. Don't piss everyone off just yet!!!!!!!!

**A: some good thoughts.
*******
Your realtor can do nothing about this matter. It's between you and your association, and will not want to be involved.

**A: I disagree as the Realtor should have obtained the CC&R's, HOA meeting minutes and all other pertinent documents and forwarded the package to the Buyer for review and/or attorney review. And dug further into the structural review issue.
*******
Good luck and welcome to condo HELL!!!! :)
**A: I agree.
 

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