CA real estate law, home owner association, special assessment

Beverly Hills, CA Viewed 140 times. Posted about 1 year ago in Real Estate

Special Assessment Responsibility:: In a sale situation, who is legally responsible - the seller or the new owner - for a special assessment that was passed five days before final closing of the property yet issued as a bill on the assessment a month AFTER closing and due two months AFTER the date of closing? - Is this your question? Add additional information

Answers (2)

Matthew Thebaud Allen

This attorney is licensed in California and 1 other state. Posted about 1 year ago.

The obligation to pay home owners association fees runs with the land. Thus, the owner of the property is required to pay it, regardless of when it was assessed. If that owner wants to try and collect from the previous owner, it may be tough. First, lets assume that the assesment was not disclosed or listed in the escrow. The present owner will have to show that the previous owner knew or should have know of the assesment at the closing. This would create an obligation to disclose. That being said, the bill is still not due and all of the benefit runs to the new owner. It may be hard to show damage for the new owner, who gets all the benefit of the assesment.

Alec Scott Rose

This attorney is licensed in California. Posted about 1 year ago.

The owner on the date the assessment is due is liable to pay it (The assessment attaches to the property, so anyone in possession of the property where the assessment was not paid is subject to any remedy the HOA is permitted under the CC&Rs or state law, including foreclosure). The buyer and seller should probably negotiate an apportionment of the assessment, depending on what it is for and the overall economics of the situation.