Is stopping payment on a HOA assessment against the law?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is stopping payment on a HOA assessment against the law?
I purchased a condo almost a month ago. The estoppel clearly stated that the monthly HOA assessment of $400 was prepaid through the end of this month and I was charged for this amount on the ATLA; the seller was credited. Shortly after closing, it was discovered that the seller stopped payment on her assesment. Is the seller, who willfully stopped payment, guilty of a crime or is this a matter for small claims court?
Asked on May 22, 2017 under Real Estate Law, Florida
Answers:
Geil S. Bilu / Bilu & Bilu, LLC
Answered 7 years ago | Contributor
At closing you and the seller most likely signed a Complaince Agreement obligating each of you to correct any errors made at closing. The Agreement should contain a clause for attorneys' fees in the event that it needs to be enforced.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.