Seller said no assessments and within 6 mo I had an 8700.00 roofing assessment. I tried calling the Management company but she never returned my call . Do I have a legal recourse to go after them? My realtor is no help and would not help in looking at the HOA data. Patty

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    What state is this in? I suspect that the seller's representation of "no assessment" meant that there were no outstanding assessments being imposed as of the date of sale. There's no way a seller could meaningfully promise that there will be no new assessments imposed after the sale goes through. What does the contract of sale say? – phoog Jun 24 '19 at 21:36
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    The OP's first sentence is unclear, and yet that is key to answering her inquiry. – Iñaki Viggers Jun 24 '19 at 22:24
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    Why is this tagged police? – Andy Jun 25 '19 at 1:03
  • I removed the police tag as it clearly does not apply. – ohwilleke Jun 25 '19 at 3:01
  • You didn't have the roof inspected as part of the pre-buy assessment? – Ron Beyer Jun 25 '19 at 4:21

The seller disclosed that there were no current Special Assessments on the property, and you seem to suggest that was a true and accurate statement at that point.

A Special Assessment was levied some 6 months later.

It is possible that a Special Assessment was being considered at the time of your sale. But a contemplation does not make the seller's original statement untrue. After all, an HOA may always have a Special Assessment as an option to meet financial obligations.

So what exactly are you objecting to? Did you expect a guarantee that there never be any Special Assessments on your property ever? How could a seller possibly know or guarantee that?

If the Seller's disclosure was accurate, that there were no Assessments at that time, then you're out of luck.

If you want recourse, you'd likely have to prove that the Assessment was not just being considered, but was actually approved, was imminent, and that the Seller knew about it 6 months before it went into effect. That is highly unlikely.

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