Am I liable for fees that my condo association previously, but apparently erroneously, waived?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.