Denver, CO asked in Real Estate Law for Colorado

Q: Am I responsible for an HOA bill to replace a roof on a townhouse I sold almost a year ago?

The new owner got a bill and wants me to pay half. I did not know the roof was damaged when I sold the townhouse. The HOA sent out correspondence saying they recommend we change our insurance coverage when I still owned the townhouse, but I don't think they ever said there was damage to the roof. The new owner's home inspection didn't report roof damage. The new owner is now threatening me with a lawyer. My real estate agent said the new owner should be responsible for reading the past HOA meeting minutes and be responsible for the whole bill. Am I responsible for half of the bill?

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2 Lawyer Answers
Donald C Eby
Donald C Eby
Answered
  • Castle Rock, CO
  • Licensed in Colorado

A: Based on your facts you should not be responsible, but you may want to retain an attorney to deal with the attorney hired by the buyer. A little expense now could save a lot of hassle and expense in the future.

Tim Akpinar agrees with this answer

James Alan Greer
James Alan Greer
Answered
  • Boulder, CO
  • Licensed in Colorado

A: Dear Townhouse Owner: Unless your CC+R'S or other HOA governing documents are completely different than the 100s of these I have drafted, interpreted, and litigated, you are NOT obliged to reimburse the new owner for the HOA's capital improvements and/or repairs, after the date of sale. I suppose the Buyer may try and lodge a claim of "Failure to Disclose" so I would urge you to maintain a safe/cautious/legal response to that claim. I have offered legal services to hundreds of Sellers whom are on the receiving end of a F.T.D. claim such as this. Feel free to reach out and I'll supply you with a fixed fee for the review of your situation and appropriate advice and written response on your behalf to the pending legal demand letter. JIM GREER is an attorney licensed to practice in CO and CA and has specialized in real estate matters for the past 30 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party. 303.818.8422

Tim Akpinar agrees with this answer

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