Q: We paid a special assessment to our HOA in full. We then sold our unit prior to the completion of the project.
The final price of the project was $6,700-per-unit less than the assessed amount.
The HOA refunded this amount to the current owners, not to the parties that actually paid the assessment.
Legally, this does not seem right.
Are we, the party who actually paid the assessment entitled to the refund?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Florida
- (239) 499-7303
- View Profile
- Answered
A:
The owner at the time of the refund receives the refund.
You sold the unit and no longer have a claim to anything related to the unit.
Barbara Billiot Stage agrees with this answer
A:
I agree it doesn't seem right but Fla. Stat. 718.115(3) states "Common surplus is owned by unit owners in the same shares as their ownership interest in the common elements." It does not state it is owned by the unit owner who paid the assessment. Fla. Stat. 718.116(10) even states it does not have to be refunded but can be issued as a credit against future assessments. It would be a logistical nightmare for the associations if they were required to go back through their records and figure out who paid what and when, especially since quite a number of people get behind in their assessments when a special assessment is imposed.
Think of it this way -- would you want to have to pay another special assessment to the association after you sold it if it had gone the other way and there was not enough money?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
