Condo retroactive maintenance fees

[Emini]

Hi, I learned that retroactive maintenance fees were instated for my condo just before I purchased it. The seller did not disclose these fees had to be paid and he didn’t pay them (for time which he occupied the unit), leaving me with the bill. Is there any way I can get these fees back from him? I’ve tried to contact my title company but they are ignoring me.
Thanks.

[SD Realtor]

If the seller knew about these fees then yes there is a liability issue here regarding disclosure. Conversely, when you purchased the condo, during your discovery period you should have been given ccrs, hoa bylaws, and all pertinent information regarding the HOA, dues, assessments, etc. Similarly prior to closing escrow should have uncovered any outstanding debt that the seller had.

If you can come up with proof that the Seller was indeed aware of these debts/assessments you may have a case. The easiest way to do this is perhaps contact the HOA to confirm that they indeed notify the seller of these debts/assessments when he owned the property. If the total is under the small claims limit then you can take him to small claims to get the balance.

I am not an attorney and the statements above are speculative on my part. Please understand that.

SD Realtor

[Emini]

Thank you, I appreciate it.

[Alex_angel]

Nothing a baseball bat and a guy with a crooked nose couldn’t handle.

[patientlywaiting]

Can you tell us what condo building you live in?

[Emini]

I live in a building called the Waverly in Miami. I know this website is geared to Southern California, but its a great site!

[SD Realtor]

ooops!!

I was not aware you were out of state… I have no knowledge of real estate law in florida as state laws vary. Please consider what I posted advisory to california only.

SD Realtor

[Author]

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