Building Built Incorrectly, Do I Have Pay for Renovation

[ja8487]

My question involves a consumer law issue in the State of: Florida

My husband and I own an apartment/condo in a complex. I pay a mortgage and also an expensive maintenance fee, that rises every year. This is a small one bedroom apartment that my husband and I bought back in 2005-2006. We pay about $700 in mortgage and almost $400 in maintenance fee. When we first bought the apartment the maintenance fee was only about $100. The complex when it first built was built poorly and incorrectly and because of that the apartment complex is falling apart. This complex is about 8 years old and the balconies had huge cracks on them and if they weren't fixed they would collapse. The complex decided to hire a construction company to come and re-do the balconies and basically fix the whole complex. My apartment as well as 3 others were in the worst shape, and told me they had to redo the wall where the living room window is because they only thing that was holding on the wall was the window. This is a small one bedroom apartment. The construction company spent a couple months fixing the complex until suddenly they stopped. I was told that the complex was not paying them that is why they ceased the work. Today I receive a bill in the mail from my complex stating that on top of my mortgage and maintenance fee that I already pay, I have to pay $1400 by the 1st of next month (Oct.), then $700 the month after and another $700 the month after that for a total of $2800 for the complex to pay the construction so it will continue. I did not get any letters or anything letting me know that this was coming. It just showed up in the mail. On top of it all, my husband is in the military and is getting transferred in less than a year so we are moving out of the apartment in about 7 months. When we called the property manager, he told us that the complex is suing the original people who built the complex because they built it wrong but the only thing we would see from their legal action is that our maintenance fee will go down. I began to tell him that we are moving in 7 months so by the time they sue and if they win the case, I will not be living in the apartment anymore. He told us that there is nothing he can do. My question is, do they have the right to send me a bill requiring me to pay $2800 for the re-construction of the complex, even though none of this is my fault? and if they sue and win, are they right by saying I am not entitled to that money? I really need help in this matter. I really really appreciate it! Thank you.

[Mr. Knowitall]

The assessments are either permitted under your COA or they're not. We have no access to the agreement. Read it and see what it says about special assessments for repairs of this nature.

[mihamih]

I'm run my condo association. Mostly likely they do have the right to bill you. You basically own the property. There is really no one to pay but the owner once it is turned over. We've gone through the same thing with incorrectly built sprinkler systems and this was discovered 30 years later so we don't even have anyone to sue. Granted, you just getting the bill in the mail out of the blue sounds like bad management to me but don't really have the full picture. I'm afraid most likely your options are to pay or create a bad debt for the association. Management will either decide to sue you or let it go. If they let it go and decide to not sue you, there will be no consequences to you but the money you did not pay will have to be split between the remaining owners which will end up picking up the check. If they do decide to sue you, they will probably win and depending on who you are and what your income is may never be able to collect which will lower your credit score. But if you don't have good credit again not much difference to you. I hope this helps.

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Here's what I'd do if I were in your shoes. I'd pay it but I'd explain my situation to them and I would ask that if and when they collect any money from a potential judgement, I be given my share of it. Note that chances they get money is not very high in my opinion though. If vendor is shady, they'll just close the company and there will be no one to collect from. If they did a bad job, chances are they are shady.

If the board agrees to this arrangement, it is slightly unfair from their point of view because whoever the new owner is at the time the money is collected will likely get a little bit of a free ride. But it is less unfair than you having to put up a large amount of money and move out a few months later. If the managing agent just says no to you, go to a board meeting and ask the board in person. It will be harder for them to say no if you are right there in front of them. Be polite and ask nicely. If they do agree, get it in writing because years from now the board may be different and the decision could get lost.