Expert: Dick Dennis - 8/22/2007

Question
I recently sold my home in the time between the sale and the offers/acceptance and the closing there were discussion by the Home Owners Associations of new roofs and assessing new dues. However, I had already moved from my residence and did not get the correspondence in time to disclose that there may be new assessemtns if passed. I closed on April 5th. On April 25th the HOA passed the new assessments. Now the new home owner I sold to is taking me to small claims court for $3000 for the new roof assessment. I offered to pay for half before we went to court. She said no, I should pay for all of it for not disclosing. What can I do to defend this. I have the back-up from my homeowners and the dates, however I was not at the residence and did NOT receive any of the letters at my new address.

Answer
My guess is that you at least got a hint of what was happening well in advance of the April 25 date. That's the way things happen with HOAs. Word gets around. And I will bet the plaintiff will show proof of that in small claims court. To see if you have a chance I recommend you consult with an attorney that specializes in HOAs. I do wish you well.

Dick Dennis