HOA Assessment

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HOA Assessment

I received a letter from my HOA stating they are giving all residents an assessment because ceilings in the units weren’t properly constructed when they were first built. They are requiring me to pay $1,000 just for my unit. Are they allowed to do this even though it was the contractors fault that originally built the units?

Asked on January 19, 2018 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, they can impose it because the work has to be done and the HOA is allowed to get the money--in fact, has to get the money--from the unit owners. The HOA rules, etc. allow them to get thismoney from the unit owners. This does not mean that the HOA cannot and should not also sue the contractors, to get compensation which then then be used to offset later assessments or costs; but in the meantime, they can get the cost to make the repairs, etc. from the unit owner regardless of the cause of the problem.


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