Month: July 2015

Association Can’t Charge Buyer for Seller’s Previous Unpaid Assessments

Facts: A buyer purchased two properties at foreclosure sales in communities maintained by an association. The association later demanded payment for any and all unpaid association assessments, including those that came due prior to the buyer’s ownership, under threat of a claims lien foreclosure. The buyer paid the past-due assessments for both properties by check, noting that it “paid under protest and with full reservation of all rights and remedies.”

Association Not Responsible for Damage to Condo Unit’s Interior

Facts: Two condominium association members discovered physical damage to their unit. One of the two thermostats within the unit malfunctioned and failed to register a temperature beyond 55 degrees. This caused the heat to run constantly at a high temperature for approximately one month. The continuous heat resulted in cracks in the dry wall, damage to the ceilings and woodwork, and damage to the furniture and floors. The second thermostat, located upstairs, was damaged by the consistently high temperatures in the unit.