Can an HOA back charge me for an error that it made when the previous owners were selling me the condo?

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Can an HOA back charge me for an error that it made when the previous owners were selling me the condo?

Received an invoice that states I owe an HOA fee from 2 years ago. I think they made an error in processing the previous owners fees and they are trying to charge me now. The previous invoices do not show the error. I haven’t gotten one since last winter and received the new changed one today.

Asked on April 24, 2012 under Real Estate Law, Florida

Answers:

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

Answered 9 years ago | Contributor

It is a littel hard to follow you and with out reading your HOA agreement it is hard to guide you.  But here is what you need to do.  You need to ask for a complete statement of account from the time that you have taken over as the owner including all the payments that you have made.  You have the onvoices and the cancelled checks, correct?  You need to match it up against their statement of account.  And if you are up to date snce ownership was trasnferred check to see your agreement does not make you in any way responsible (really the HOA should have had a lien at closing nd it should have been paid off).  Good luck.


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