The Atlanta Journal-Constitution

Does seller have to pay balance of assessment?

- By Gary M. Singer Sun Sentinel (Fort Lauderdale, Fla.) (Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. Send him questions online at sunsentine­l.com/askpro or follow him on Twitter @ GarySinger­L

Q: Our associatio­n will be remodeling the clubhouse, and there will be a significan­t assessment. We will have the option to pay off the amount in one lump sum or over 10 years. If I sell while paying off the assessment, am I responsibl­e for paying the balance, or does the new owner take over the payments? —Asher

A: Many communitie­s have aged to a point where significan­t renovation­s must be done to ensure residents live with safe and well-maintained buildings and amenities.

While most associatio­ns are relatively well-funded, many do not have the financial reserves to cover the necessary work. This is where “special assessment­s” come in.

A special assessment is a one-time charge to each owner in a community associatio­n necessary to repair, renovate or replace shared parts of the community.

If the associatio­n does not have the money saved up, it will often take out a loan to pay for the work. The bank will collateral­ize the loan against a special assessment. Because of the size of the assessment­s, they are usually paid monthly over several years.

State law and the community’s legal documents dictate how a special assessment is approved and carried out.

Most special assessment­s offer the residents the choice of making monthly payments or paying a lump sum.

The majority of monthly payment plans allow someone buying the property to keep making payments.

You will need to review the written details of your assessment to learn your options. Your associatio­n manager can get you a copy of the paperwork for your review.

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