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Retirement Condo Service Fees and Sale

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KurtJ

Junior Member
What is the name of your state (only U.S. law)? PA

Question involves the legality of continuing condo "service fees" once 90-year-old mother, who has occupied a wholly owned retirement condo for the last ten years, can no longer care for herself and must move in with her daughter. The original contract states that such fees (nearly $3,000 monthly) must be satisfied for 12-months after vacating the property, and in fact even in the event of the death of resident, the responsibility for such would transfer to heirs. Can this, sort of provision be successfully challenged? Secondly, in regard to the sale of such property, it appears that the facility has full control in terms of marketing the vacated condo. In this particular case, the controlling corporation continues to build new units on the same property. Such actions would appear to create little incentive to 'move' an existing unit. Can this provision be successfully challenged?What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
Unless the "heirs" signed some obligation to be responsibility, they can't transfer squat to them. They can probably encumber the property so that the heirs if they want it have to pay it off if they want to sell the property or avoid it being foreclosed, etc... There are no "heirs" until probate says there are.
 

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