tag:blogger.com,1999:blog-9198217906327726723.post5888030712582816398..comments2010-01-13T12:41:23.271-06:00Naheed Amdanihttp://www.blogger.com/profile/14795201203580900187noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-9198217906327726723.post-87526709612846980342010-01-13T12:41:23.271-06:002010-01-13T12:41:23.271-06:00Section 22.1 Disclosures are certainly not fool-proof, but they do typically help protect you from short-term special assessments. Your assessment, unfortunately, came two years later. It is very difficult to get money from sellers when the possible assessment is not at least discussed (i.e. in the minutes) prior to closing, and the assessment is likely to be in the remote future if discussed. Sellers don&#39;t want to be attached to the property for that long by putting money in escrow, especially when they won&#39;t be reaping any benefit from the repair since they&#39;re long gone.<br /><br />Also, while technically the fence repair may be the associations&#39;s responsibility as your attorney said, the bottom line is this -- when the association needs to fix something, they have to get the money from the homeowners if they don&#39;t have enough in reserves or choose not to use their reserves for some other reason. It&#39;s tough for the homeowners to be stuck with a large bill like that!Naheed Amdanihttp://www.blogger.com/profile/14795201203580900187noreply@blogger.comtag:blogger.com,1999:blog-9198217906327726723.post-58114696611067573022010-01-12T18:38:15.319-06:002010-01-12T18:38:15.319-06:00I just had a bad encounter with this. When I bought my townhome, the fence was clearly in need of repair, which I wanted to get a credit for from the seller. My attorney reported that it was the homeowner&#39;s association&#39;s responsibility and that I couldn&#39;t get money from the sellers. I think she just looked at the Rule 22.1 disclosure and said, &quot;the fence isn&#39;t listed as an upcoming assessment.&quot; End of story. Turns out the homeowner&#39;s association is just poorly managed and it took them 2 years to figure out how to do the assessment - which is $1300. I&#39;m pretty irked that I called this out 2 years ago and I&#39;m the one paying.Anonymousnoreply@blogger.com