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 3 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.  


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