Fully paid condo in Florida condemned due to mold, can I walk away from it?
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Fully paid condo in Florida condemned due to mold, can I walk away from it?
Florida condo in 55 community is paid in full, no homeowners insurance.
It was condemned due to mold and not inhabitable.
Can I just walk away from it and let the condo association take it over?
It’s not worth the money to fix and sell.
Asked on September 17, 2017 under Real Estate Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, you can't. If you do, the HOA can sue you for any upaid fees or dues while continuing to hold you accountable or liable for such fees as they come due until and unless someone else voluntarily takes ownership (e.g. someone buys it after it has been foreclosed upon--if it ever is foreclosed upon--for unpaid taxes, HOA fee/dues, or mortgage). Similarly, if there is a mortgage, the lender can you for the money. You can never just walk away from property while insulating yourself from liability: others (e.g. the HOA or bank) have to *voluntarily* agree to let you out of your obligations and not pursue you for any amounts due. This is not say that creditors will choose to come after you for amount owed for this unit--just that they have the right to do so.
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