What are my rights regarding a partial refund of an assessment on a condo I’m selling?

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What are my rights regarding a partial refund of an assessment on a condo I’m selling?

I own a condo and we were assessed $1160 to be paid 5 months ago and this month, which I did. This was to be for repair of one side of the building where there was a problem with water coming into the garage. The work cannot be started until later this spring because of all the rain and snow. In the meantime, I unexpectedly was able to sell my unit with a closing date of next month. I am asking for a refund of that portion of next month when I will no longer be an owner but the Board is refusing to issue a refund. I see nothing in the bylaws regarding a situation like this. I have lived here for 14 years and have always paid all bills on time. I am 75 and live on a fixed income; this is a lot of money to me.

Asked on March 13, 2019 under Real Estate Law, South Dakota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You'll have to try and work out an adjustment at closing with the buyer. As far as the  HOA is concerend, if you were the owner at the time that the assessment was incurred, then you owe it. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They are not required to refund the assessment: you were assessed it while an owner and so incurred the charge while an owner--therefore, they do not need to return it. You will have to try to work out an adjustment with the buyer, if possible, to see if they will offer you something in exchange for you havng paid this expense for them.


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