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ADA and our Homeowners Assoc.

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savannahguy

Junior Member
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. :mad:

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

Senior Member
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. :mad:

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

Senior Member
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.
 

tranquility

Senior Member
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

Senior Member
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

Junior Member
"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

Senior Member
"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.
 

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