My Homeowner’s Association has informed us that we owe more in our monthly assessment since a mistake was made years ago

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My Homeowner’s Association has informed us that we owe more in our monthly assessment since a mistake was made years ago

Can they reinvent the past? What is the statue of limitations for going back? It was their mistake years ago and I think it went back 25 years to the beginning.

Asked on July 1, 2009 under Real Estate Law, Virginia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a Virginia lawyer, but my research suggests that the statute of limitations on a written contract is 5 years.  I don't know if that would control this case, or if there's something more specific.  Exactly what the "mistake" was might factor into this as well.  But I think this is well worth following up with an attorney.  If someone was seriously at fault in allowing this to happen, perhaps this isn't something that everyone in the community should have to pay for.


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