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| Condos & Co-Ops All matters concerning condos and co-ops. |
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#1 |
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I owned a condo that I sold for sale by owner & closed on 9/15/06. At the yearly "annual" meeting which held the last of October the condo board proposed a special assessmnet and it was (barely) approved by the homeowners.The lady that bought my place is trying to claim and she has a lawyer who handled the closing that the special assessment just passed is a PLANNED special assessment that I should have disclosed. On the real estate sheet you have to disclose if there is any current or planned assessments. When I sold there were none. There had been on-going discussions for several years for which I have the monthly board meeting notes to verify about projects they wanted to do but never did even though they had gotten numerous bids over the last 3 years. I served on the board from 4/05 through 7/06. They claim because I was on the board I knew of the assessment but I never voted on anything while I was on the board about an assessment or approval of a project and it also requires a majority of the homeowners to approve the proposed assessment. So if the recent vote hadn't been barely passed by the homeowners there would be no assessment soon. So am I correct that until a proposed asssessment has been voted upon by the board and then presented to the homeowners for their vote and passed by them there is no PLANNED. I had a statment from the property management company stating there was no special assessment. Please define planned. Is years of discussion and bids and more discussion planned?
Help Please !!!!! Worried in Illinois |
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#2 |
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You have a very good argument that it was not really planned or assessed. But it of course may have avoided the issue if it were disclosed anyway.
If you can show that this was going on for years and never was passed etc. we think you would prevail in a small claims or other court, if it has to go there. |
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