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我该怎么办呢?

我该怎么办呢?# Law - 律师事务所

d*d2007-02-02 08:02

1 楼

前天开完业主大会回来，心情跌到了谷底。
因为要在美国读博士起码五六年，所以家里把老房子卖了，两个月前帮我在这里买了一
间一室一厅的condo。当时买的时候买主说有一个pending assessment，大概三四千块
，他补贴了我三千块我想也就算了。想不到今天开了业主大会，物业管理请来了一个
contractor说要大修，每家要出三到四万块。我一听就惊呆了，十倍于原来owner说的
预算，这可怎么办呢？
我在会上说了我的这些情况，也说了我是个学生，根本没法负担那么多的维修费。但是
根据美国法律,如果不付这笔钱的话物业委员会是有权抵押你的房产的. 有一
个屋主委员会成员的老头和我说让我去找律师sue那个前屋主追讨损失，大家觉得这样
可行吗? 问题是我看了合同,上面"有否pending assessment"这一点上确实原物主是打
勾的,但问题是没有写上具体金额3000块, 而且当时我签合同之前打电话去物业管理，
他们也说这个预算还not decided yet。这个究竟是谁的责任呢？另外，合同上“房屋
外墙是否有损坏”这一条原业主是写“没有”的，但实际上这次大会开下来外墙都
rotten

a*u2007-02-02 08:02

2 楼

If the previous owner specified the amount when he told you "pending
assessment", I think you can try to sue under statute of frauds. Talk to a
lawyer first. You may be able to find a civil rights lawyer who'll work for
you for free.
Where are you?

【在 d*****d 的大作中提到】

: 前天开完业主大会回来，心情跌到了谷底。
: 因为要在美国读博士起码五六年，所以家里把老房子卖了，两个月前帮我在这里买了一
: 间一室一厅的condo。当时买的时候买主说有一个pending assessment，大概三四千块
: ，他补贴了我三千块我想也就算了。想不到今天开了业主大会，物业管理请来了一个
: contractor说要大修，每家要出三到四万块。我一听就惊呆了，十倍于原来owner说的
: 预算，这可怎么办呢？
: 我在会上说了我的这些情况，也说了我是个学生，根本没法负担那么多的维修费。但是
: 根据美国法律,如果不付这笔钱的话物业委员会是有权抵押你的房产的. 有一
: 个屋主委员会成员的老头和我说让我去找律师sue那个前屋主追讨损失，大家觉得这样
: 可行吗? 问题是我看了合同,上面"有否pending assessment"这一点上确实原物主是打

d*d2007-02-02 08:02

3 楼

Thanks a lot for your suggestion.
Yes the previous owner said to me the pending assessment is around 3000-4000
, but the thing is that he did not specify it on contract. I will go to see
a civil rights lawyer,wish that works.

for

【在 a*******u 的大作中提到】

: If the previous owner specified the amount when he told you "pending
: assessment", I think you can try to sue under statute of frauds. Talk to a
: lawyer first. You may be able to find a civil rights lawyer who'll work for
: you for free.
: Where are you?

a*u2007-02-02 08:02

4 楼

if litigation follows, you can dig it out in discovery phase.Ask your lawyer
to deposit him specifically on this issue.

4000
see

【在 d*****d 的大作中提到】

: Thanks a lot for your suggestion.
: Yes the previous owner said to me the pending assessment is around 3000-4000
: , but the thing is that he did not specify it on contract. I will go to see
: a civil rights lawyer,wish that works.
:
: for

s*f2007-02-02 08:02

5 楼

First, read the contract for multiple times. If you find some words like "
sell as is", you are done, stop any complaining.
Second, if you do not find those or similar words, recollect the whole
process of the transaction. did you use a realtor? did you use an inspector?
If the answer are "yes", you are also done, stop complaining.
"civil rights" lawyer will show no interest in your case. Do not raise race
issue so easily once you get some trouble.
From what you said, I believe you cannot sue th

d*d2007-02-02 08:02

6 楼

thank you very much for your detailed information. I also think that the
chance I can sue the seller is minimal.But I am really wondering if I am the
only one who should take all the respinsiblity.
First, Is there any mistake of the Management Company? Because they should
have told me something in detail about the special assessment, at least a
ballpark figure, rather than just simply told me "undecided". Second, is
there any mistake of the Board of the Home Owner Association? As I have
received

【在 s*******f 的大作中提到】

: First, read the contract for multiple times. If you find some words like "
: sell as is", you are done, stop any complaining.
: Second, if you do not find those or similar words, recollect the whole
: process of the transaction. did you use a realtor? did you use an inspector?
: If the answer are "yes", you are also done, stop complaining.
: "civil rights" lawyer will show no interest in your case. Do not raise race
: issue so easily once you get some trouble.
: From what you said, I believe you cannot sue th

s*f2007-02-02 08:02

7 楼

you cannot ask for any compensation from the Board members even if you can
prove that they made a "mistake" as long as they were not self-motivated.
Most HOAs are incorporated and if corporation law applies, even if they did
make mistakes, they are protected by the "business judgment" doctrine. You
and other owners are free to vote off those members if you are not satisfied
with them. But you cannot put your hands into their pockets to get any
pennies.
if you did not use insprector, did you chec

d*d2007-02-02 08:02

8 楼

thank you again.It is really a big lesson.

did
satisfied
yes
used

【在 s*******f 的大作中提到】

: you cannot ask for any compensation from the Board members even if you can
: prove that they made a "mistake" as long as they were not self-motivated.
: Most HOAs are incorporated and if corporation law applies, even if they did
: make mistakes, they are protected by the "business judgment" doctrine. You
: and other owners are free to vote off those members if you are not satisfied
: with them. But you cannot put your hands into their pockets to get any
: pennies.
: if you did not use insprector, did you chec