QUESTION
My HOA is trying to charge our residents for corrective engineering of an overflow pond from prior to my owning my house. Is this legal?
Asked on May 21st, 2014 on Residential Real Estate - Colorado
More details to this question:
They have said that the statute of limitations is up from the developers. When I purchased the house there was no indication of an issue with this community item and no HOA disclosure regarding it until now. There have apparently been multiple issues with this pond since construction. We are being told the cost and being told that the HOA will move forward with it and charge the residents for the engineering to the tune of $250,000. This is a problem from before I bought the house. I wasn't told about it when I bought the house, and I'm being told it is my liability and I have to pay for it. This doesn't seem legal to me.
1 ANSWER
3 Awards
When you bought you became subject to the assessments of the HOA. If you can prove that the HOA knew of this issue and liability but failed to disclose pursuant to the disclosure request to the HOA then you may have a claim for damages.
Good Luck!
Answered on May 22nd, 2014 at 5:27 PM
Call Don at (303) 688-0944 or email at Reception@RobinsonandHenry.com This information is provided AS IS; and does not create Client Relationship.