Condo association president falsified sale docs. We just want out.

Started by JenniferJ2 • 9 replies • 1399 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JenniferJ2 (Illinois)
Posts: 2

Posted:

We are selling our condo. I have been the association president until now. All bills have been paid and repairs have been tended to. It's a very new building. The new condo association president has falsified a disclosure document involved in our sale to give the appearance that we owe money to the association for a special assessment which never happened and was never voted on by the association. There are no minutes or agreements to support her actions. What legal rights do we have to protect ourselves here? We just want out at this point.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Have you talked to the other board members? What do they say?

Sikubali jukumu. Read all posts at your own risk.

KerryL1 (California)
Posts: 14,550

Posted:

Why would you pay for something when there's no record of it being approved by the board of directors or by Owners?

Why is this new prez falsifying the disclosure document?

Have you contacted the rest of the Board, some of whom you must have worked with, to help you?

Do you have a property mgr. who can help?

Can you attend an open meeting and publicly request that this be corrected?

TimB4 (Tennessee)
Posts: 21,059

Posted:

I suspect that one of your legal rights would be to challenge the validity of the documents.
However, to fully explore your legal rights in this situation, contact a local attorney.

If the documents prevent the sale, then you may be able to sue for the difference between that contract and a new contract. Again, check with an attorney.

However, the first thing I would do is simply contact the Board (copy everyone) about the issue.
With your first contact, don't represent it as falsification. Simply say there appears to be a mistake on the paperwork and you either require documentation of the special assessment (as you were unaware of any) or the document corrected to remove the special assessment.

Now, are you sure it's a special assessment and not some other fee (disclosure package expense, transfer, etc.)?

KerryL1 (California)
Posts: 14,550

Posted:

Agree with Tim, don't go to an attorney till you've tried other methods. Imo, attorneys are a last resort.

JenniferJ2 (Illinois)
Posts: 2

Posted:

This is a 3 unit building, and the new president is being malicious because we wouldn't let her store her bike in our deeded garage space. You can guess why we are moving... There are no other board members interested because it is a 3 unit, self managed building. I read the falsified document, she most definitely wrote in a special assessment.

I guess I just wanted to hear whether or not we have legal rights here, and it sounds like yes.
Thanks!

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By JenniferJ2 on 06/09/2016 7:38 PM
This is a 3 unit building, and the new president is being malicious because we wouldn't let her store her bike in our deeded garage space. You can guess why we are moving... There are no other board members interested because it is a 3 unit, self managed building. I read the falsified document, she most definitely wrote in a special assessment.

I guess I just wanted to hear whether or not we have legal rights here, and it sounds like yes.
Thanks!

Yes you could sue.

You might let the owner of the 3rd unit know that you're thinking about suing the association. Let that 3rd owner know that if you win, that 3rd owner might have to eat a big chunk of the cost.

Might get you a bit of additional leverage.

Sikubali jukumu. Read all posts at your own risk.

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By JenniferJ2 on 06/09/2016 3:18 PM
We are selling our condo. I have been the association president until now. All bills have been paid and repairs have been tended to. It's a very new building. The new condo association president has falsified a disclosure document involved in our sale to give the appearance that we owe money to the association for a special assessment which never happened and was never voted on by the association. There are no minutes or agreements to support her actions. What legal rights do we have to protect ourselves here? We just want out at this point.

This should be very easy to handle through escrow. I know attorney are closing agents in some states, not sure if it might apply to your state. That would be a bonus.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By JenniferJ2 on 06/09/2016 3:18 PM
The new condo association president has falsified a disclosure document involved in our sale to give the appearance that we owe money to the association for a special assessment which never happened and was never voted on by the association. There are no minutes or agreements to support her actions.

Why can't I get this lucky? The prez of your association has made a knowingly false statement, motivated by malice towards you, for the purpose of recklessly and intentionally interfering with the contract for the sale of your unit. You could fund your retirement account 100% from the damages this woman now owes you. That, of course, depends on whether you wish to stand up for your rights.

AugustinD
Posts: 5,144

Posted:

I believe the most effective legal claim here would be "slander of title." If the OP googles on this, researches the damages that are possible in her state, and writes a just-the-facts letter to the perpetrator here demanding xyz as a remedy, then the problem might go away.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here