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IngridB (Florida)
Posts: 1
Posted:
We are the 3rd board and inexperienced.In checking Official Records, our Declaration of Condominimum contains only 2 mentioned buildings,the balance is just a land description. Last fall the Developer was served a "Lis Pendens" by the bank (under CA 3 MTG foreclosure over 250K) and listed the balance of our buildings as Third Party Summons -as Unknown Tenant's numbered (ie units, which included mine).Although there was an "Order of Dismissal" this order came about by the Developers sale of balance of the units being sold to an investor(which is now another HOA of our large complex). These included restrictions, which I believe are still held by the Bank (as other mortgages might be outstanding).

1. owners think they are an independent association, but the question is although the developer sold his buildings to the owners,is there any underlying developer debt that could jeopardize the units.
2. And under the Declaration of Condominium, with records filed, exactly where do I find the listed unit buildings, which states we are an independent of the developer.

Unfortunately, the further I research, the more problems surface.

TishS (Washington)
Posts: 116
Posted:
If I understand your question. You would like to know if this new building is part of your HOA and not a entirely new HOA, also you are trying to figure out if there is an under lying lien on the property that may effect your unit?

Start at the very beginning..the Plat. The plat should have a dedication on it along with lots. Double check and make sure this plat map has not been changed with all the new development. It is possible that there are actually multiple plats.

As far as your lien concerns..you should be able to find that out at your local county office also or you could even contact a title company most will answer this question for you.

GlenL (Ohio)
Posts: 5,491
Posted:
Ingrid if your complex is anything like ours; the first buildings were included in the original declarations and then each additional building was added as an amendment. If you go to the County Recorders Office or website you should be able to see them.

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