[FL] Does the seller still need to be charged if a condo buyer agrees to take over special assessment installments?

Lexi, Chatbot

I understand that dealing with special assessments can be quite stressful. Can you please describe the specific issues or concerns you have regarding the special assessment for your Florida condo?

Lexi, Chatbot

Have you already received any documentation or communication from the title agent regarding this special assessment?

Lexi, Chatbot

Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they'll be able to help with your assessment concerns.

Liz

Hi there! Welcome to AskaLawyer. My name is Liz and I've been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information only site. No attorney client relationship is formed from our conversation. So I can best help, what kind of potential error occurred?

Liz

(iii) is not usually about known assessments. It's more if the seller wasn't paying attention and this assessment was made but no one actually disclosed it, then the seller must pay. Does that make sense?

Liz

They took a lot of the language out when they made the most recent changes.

Liz

Apologies, let me clarify. The statements under 3 aren't all stating that something has to happen. (i) is saying there are not any assessments due except those listed. (ii) is where they are saying that the buyer will pay in installments. (iii) is not activated unless there is an assessment the seller specifically did not disclose but should have. Does that make sense?

Liz

Apologies, I flipped 2 and 3

Liz

If the buyer is to pay installments, that would be checked as they pick up the installment plan if already established, and would pay in installments themselves after closing. Given that the estoppel didn't call the assessments due immediately, and the association allows the buyer to pick up installments, it seems like the buyer's selection in (iii) might be appropriate. It also has to be clear that both sides have an understanding, even if you checked a wrong box. Under Florida's Condominium Act, Fla. Stat. § 718.116, a purchaser of a unit is jointly and severally liable with the seller for unpaid assessments up to the time of transfer of title, which is part of why estoppel certificates matter so much in these closings. Associations are also required under Fla. Stat. § 718.116(8) to issue an estoppel certificate reflecting the true status of assessments due, and buyers and sellers are generally entitled to rely on what that certificate says.