The closing was at the beginning of April 2015. In a few words, the association was brought into a lawsuit by a remediation company that helped out after hurricane Sandy (Oct. 2013). The hurricane damaged downstairs apartments. Two of the owners did not pay and via various connections the association was sued. The settlement could have been up to $70,000 but the lawyer that was hired got it down to $5k. Nobody (not my lawyers, not the HOA) disclosed this information to me before the closing and now they are asking me to pay this expense even if I was not the homeowner at that time. Should the HOA be considered responsible for not disclosing this info?
Normally, an assessment approved after you close on the purchase of your home would be your responsibility. If you expressly asked the HOA if there was any pending litigation and if there were any anticipated special assessments, and if the HOA gave you incorrect information, maybe you have a claim that you do not owe the assessment. Most likely, however, you did not ask that question to the HOA, and then the HOA would probably have no liability. If you asked the seller the same questions, and if the seller know of a pending special assessment and did not disclose it to you, you might have a claim, but a close reading of the sales contract and any disclosure statement would be needed to give you an accurate answer.
This answer is for general purposes only, and it does not create an attorney-client relationship.
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