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JenniSam

Member
What is the name of your state? Michigan

I purchased a condo in February 2007. A month or two after we purchased the condo we thought is was strange that we recieved no bill for our association dues. After contacting the sellers realtor we were told that our neighbor in the attached condo would contact us about the association since he was now taking over thier duties as the Association President. However, we began to check for ourselves the status of the "association." What we learned was that the asscociation was still registered to our new home, no one was handling the association duties and no one had been paying association dues.

To make matters worse, about two weeks ago we learned that an investment company that owned 4 units in our subdivision had gone bankrupt and those units had been foreclosed on. So I contacted the insurance company to ask how that would effect the insurance on the remaining units. At this time I was told that the homeowners insurance policy that should have been held by the association was actually held by the investment company and the policy was cancelled on August 1st. I have been trying to contact the previous owners of our home to ask why were we not informed that the association was not handling our homeowners insurance as it stated in the bylaws. I can't get a response. I don't know if the owners of the condo attached to me has insurance either and they won't respond. My purchase agreement was written contingent upon acceptance of the bylaws and we accepted them under the belief that our Association handled the insurance for all units. Now my costs to insure has gone from $200 a year to $1,100 a year. Since the previous owners were the Association Presidents and knew about the insurance policy, what legal recourse do I have based on their mis-representation of the facts?
 


HomeGuru

Senior Member
What is the name of your state? Michigan

I purchased a condo in February 2007. A month or two after we purchased the condo we thought is was strange that we recieved no bill for our association dues. After contacting the sellers realtor we were told that our neighbor in the attached condo would contact us about the association since he was now taking over thier duties as the Association President. However, we began to check for ourselves the status of the "association." What we learned was that the asscociation was still registered to our new home, no one was handling the association duties and no one had been paying association dues.

To make matters worse, about two weeks ago we learned that an investment company that owned 4 units in our subdivision had gone bankrupt and those units had been foreclosed on. So I contacted the insurance company to ask how that would effect the insurance on the remaining units. At this time I was told that the homeowners insurance policy that should have been held by the association was actually held by the investment company and the policy was cancelled on August 1st. I have been trying to contact the previous owners of our home to ask why were we not informed that the association was not handling our homeowners insurance as it stated in the bylaws. I can't get a response. I don't know if the owners of the condo attached to me has insurance either and they won't respond. My purchase agreement was written contingent upon acceptance of the bylaws and we accepted them under the belief that our Association handled the insurance for all units. Now my costs to insure has gone from $200 a year to $1,100 a year. Since the previous owners were the Association Presidents and knew about the insurance policy, what legal recourse do I have based on their mis-representation of the facts?
**A: where is your Realtor in all of this?
 

JenniSam

Member
**A: where is your Realtor in all of this?
My realtor is for whatever reason protecting the sellers. I contacted her from the start and to sum it up she told me that she really couldn't help me. She actually suggested that I go after the investment company. But why? They have no obigation to me and they are not mentioned in the bylaws. When we purchased the house the insurance was paid up through November. I was cancelled August 1st. We were aware that a meeting was supposed to take place to discuss renewal and were supposed to pay approx $200 in November. My mom just happened to suggest that I contact the insurance co when I discovered the foreclosure issue was going on.

So I looked in my closing docs for the sellers realtor and sent him an email. Evidently he contacted my realtor after reading my email and she responded on their behalf saying they can't be held responsible for the investment company going bankrupt. That I don't disagree with. But I looked at several condo subs and the bylaws were really important to me. So I was sure to make my purchase agreement contigent upon review and acceptance of the bylaws. Consequently, I have a problem with the fact that the previous owner of my home was the President of the association and she failed to disclose that no one was abiding in accordance with the bylaws. So in a sense there was no active association. I find it hard to believe that as the association President she was unaware that they didn't manage the insurance policy. The bylaws plainly state that the association will maintain the insurance in regards to the building structures and the common elements. What I purchased was a condo with an active association. Now I am learning that this is not the case.

When I specifically brought up the purchase agreement and the bylaws with my realtor (in an email), she didn't want to talk anymore. I really don't know where to go from here. One of my biggest concerns is if my connecting neighbor has insurance. He won't respond. I've stopped at his house and spoke with is wife (since he is never home) and she said she'd let him know that the policy was cancelled but I haven't heard back from him. If my portion is insured and his is not, I can rebuild if something happened but I can't be sure that he can. What would my property be worth then and who would ever want to buy it if only 1/2 the structure is in tact?

My realtor's argument is that no one misled me. My arguement is that omission of important information is the same as being misleading. Especially now that my yearly insurance has gone from $200 to $1100 a year because no one wants to insure 1/2 of a whole structure. There was a specific yearly $$ amount that we agreed to with the purchase. I can understand if our insurance just went up. But this could have been prevented.
 

HomeGuru

Senior Member
My realtor is for whatever reason protecting the sellers. I contacted her from the start and to sum it up she told me that she really couldn't help me. She actually suggested that I go after the investment company. But why? They have no obigation to me and they are not mentioned in the bylaws. When we purchased the house the insurance was paid up through November. I was cancelled August 1st. We were aware that a meeting was supposed to take place to discuss renewal and were supposed to pay approx $200 in November. My mom just happened to suggest that I contact the insurance co when I discovered the foreclosure issue was going on.

So I looked in my closing docs for the sellers realtor and sent him an email. Evidently he contacted my realtor after reading my email and she responded on their behalf saying they can't be held responsible for the investment company going bankrupt. That I don't disagree with. But I looked at several condo subs and the bylaws were really important to me. So I was sure to make my purchase agreement contigent upon review and acceptance of the bylaws. Consequently, I have a problem with the fact that the previous owner of my home was the President of the association and she failed to disclose that no one was abiding in accordance with the bylaws. So in a sense there was no active association. I find it hard to believe that as the association President she was unaware that they didn't manage the insurance policy. The bylaws plainly state that the association will maintain the insurance in regards to the building structures and the common elements. What I purchased was a condo with an active association. Now I am learning that this is not the case.

When I specifically brought up the purchase agreement and the bylaws with my realtor (in an email), she didn't want to talk anymore. I really don't know where to go from here. One of my biggest concerns is if my connecting neighbor has insurance. He won't respond. I've stopped at his house and spoke with is wife (since he is never home) and she said she'd let him know that the policy was cancelled but I haven't heard back from him. If my portion is insured and his is not, I can rebuild if something happened but I can't be sure that he can. What would my property be worth then and who would ever want to buy it if only 1/2 the structure is in tact?

My realtor's argument is that no one misled me. My arguement is that omission of important information is the same as being misleading. Especially now that my yearly insurance has gone from $200 to $1100 a year because no one wants to insure 1/2 of a whole structure. There was a specific yearly $$ amount that we agreed to with the purchase. I can understand if our insurance just went up. But this could have been prevented.
**A: talk to your principal broker.
 

JenniSam

Member
**A: NO, your real estate agents' boss.
It has been over a month since my last post and I think I have pretty much exhausted my resources in regards to my attempts to contact the sellers, their real estate agent and mine. I have spoken with my agent's boss before and as I suspected they are all sticking together and don't want to talk about the issue for some reason. Bottomline is that this whole thing is a mess and at this point my only option may be to contact an attorney. Is there any other advice you can provide? Are the sellers obligated at all to uphold the agreement or am I just spinning my wheels. One of the biggest issues for me is that my expensive insurance premium will now make me responsible for everything including the land and common elements, yet I don't own the land. Is it in my best interest to just move on and pay the premium?

Thanks!
 

Zigner

Senior Member, Non-Attorney
It has been over a month since my last post and I think I have pretty much exhausted my resources in regards to my attempts to contact the sellers, their real estate agent and mine. I have spoken with my agent's boss before and as I suspected they are all sticking together and don't want to talk about the issue for some reason. Bottomline is that this whole thing is a mess and at this point my only option may be to contact an attorney. Is there any other advice you can provide? Are the sellers obligated at all to uphold the agreement or am I just spinning my wheels. One of the biggest issues for me is that my expensive insurance premium will now make me responsible for everything including the land and common elements, yet I don't own the land. Is it in my best interest to just move on and pay the premium?

Thanks!
Your best bet is to contact a local attorney.
As an observation...you should keep some sort of insurance in place. I understand it's a lot of money, but the way I understand it now is that you have NO insurance.
 

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