Real estate Q&A: What can we do about new apartment's surprise special assessment?

Q: We are in the process of purchasing an apartment. Our closing attorney received the report from the condominium association showing the monthly dues were current, and we were surprised to learn that a special assessment was pending because the sellers told us that none were. The contract also says that no special assessments are pending. We did not anticipate this additional financial burden when offering to buy the apartment. What can we do? — Duane

A: I have been seeing this type of question a lot lately, as many condominium communities face special assessments because of delayed maintenance, insufficient reserves and tougher community association laws.

When a community association needs extra money for a specific project, such as making repairs, it can “specially assess” unit owners to get the necessary funds. Like the regular assessments the association collects to maintain the community, special assessments must be paid to avoid serious consequences. The assessments vary from a couple of thousand dollars to over a hundred thousand. The amount will depend on the repairs required and how much reserves were postponed.

Because a pending assessment will raise the cost of owning the apartment, it tends to lower the price the unit will sell for. Because of this reason or because the seller was unaware of it, special assessments are often left off the listing and, more importantly, the purchase and sale contract.

It is essential to investigate this possibility before signing a contract by asking specific questions, checking other listings in the building, and, if possible, speaking to the property manager about it.

Most standard purchase contracts will have a section devoted to community association matters, including regular and special assessments. Review your contract and any disclosure the seller provided. If the pending assessments are listed or the contract does not mention them, you are likely stuck with buying the condo and paying the assessment or breaking the contract and risking your deposit.

However, if the contract states there are no pending special assessments, your seller will have to honor the deal they made and pay the newly discovered assessment.

The best approach is to communicate your concerns to the seller and see if a compromise can be reached. Perhaps the seller will pay the assessment, or at least some of it, now that it has been discovered or agree to the lower purchase price to a point where it still makes sense for you to buy it.

If the seller is unreceptive, speak with a local attorney about how to enforce the contract.