If a condo board suddenly hits me with a $75,000 special assessment right after I buy, can I go afte

This answer applies in Massachusetts and is intended for a condominium purchaser or unit owner who receives a substantial special assessment shortly after buying the unit.

If the condominium board first learned of an unexpected expense only after the purchase was completed, the new owner generally would not have a claim simply because the assessment was imposed shortly after closing. A properly authorized special assessment may still be the responsibility of the current unit owner.

However, if the condominium board, managing agent, or seller knew before the closing that a substantial assessment was likely, imminent, or already under serious consideration, and the purchaser was given false, incomplete, or materially misleading information about pending or anticipated assessments, the purchaser may have grounds to pursue a claim.

In addition, the special assessment itself should be reviewed to determine whether it was properly approved under Massachusetts General Laws Chapter 183A and the condominium’s governing documents. If the board failed to follow required voting procedures, notice requirements, allocation provisions, or other governing requirements, the unit owner may have grounds to challenge the validity of the assessment.

The most important issues are when the board first became aware of the underlying problem, whether the assessment had already been discussed or anticipated before closing, whether the seller knew about it, what information was provided to the purchaser, and whether the assessment was properly authorized.

This analysis may not apply where the condition was genuinely unforeseen and discovered only after closing, where no misleading information was provided before the sale, or where the assessment was properly approved and imposed in accordance with Chapter 183A and the condominium documents.