Am I liable for fees that my condo association previously, but apparently erroneously, waived?

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Am I liable for fees that my condo association previously, but apparently erroneously, waived?

When I bought my condo I received a welcome letter informing me that I could deduct a credit of $472.07 from my condo fees. Now a few months later they are sending me a statement saying that I am late on my condo fees for this amount. I researched why I was late because for me every thing was in order and they informed me that there was a human error when writing the letter. They had written a similar letter the day before and they had a credit. They apologized but they want me to pay the amount. Is the letter valid in this situation or should I pay the amount.

Asked on August 18, 2010 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that really you could indeed make a stink and hold them to their letter. In the end, though, you may end up with bad blood between you and the condo association (and the other members - you know how things like this travel by word of mouth).  Are you assessed any late fees?  That would be improper given the situation.  So decide how you want to handle it.  Everything is "human" error in these situations.  But if the party signing the letter had the authority to make the offer and you accepted then they may have to swallow hard.  Read your association rules and by-laws as well just to be sure.  Maybe a compromise?  Good luck.


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