Get Legal Help Today
Secured with SHA-256 Encryption
I received a letter from my HOA stating they are giving all residents an assessment because ceilings in the units weren’t properly constructed when they were first built. They are requiring me to pay $1,000 just for my unit. Are they allowed to do this even though it was the contractors fault that originally built the units?
Asked on January 19, 2018 under Real Estate Law, Michigan
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Yes, they can impose it because the work has to be done and the HOA is allowed to get the money--in fact, has to get the money--from the unit owners. The HOA rules, etc. allow them to get thismoney from the unit owners. This does not mean that the HOA cannot and should not also sue the contractors, to get compensation which then then be used to offset later assessments or costs; but in the meantime, they can get the cost to make the repairs, etc. from the unit owner regardless of the cause of the problem.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.