Common Property Not Turned Over to HOA

Started by AnneH • 6 replies • 1481 views

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AnneH (Arizona)
Posts: 11

Posted:

We live in Arizona. Our developer left the scene sometime in 2000 or 2001 with several (three or four) houses unfinished and several lots unsold. Currently there are 26 lots with four vacant lots owned by investors. The HOA documents were recorded, but the common properties were never turned over to the HOA. The LLC that developed the subdivision is no longer in business.

Some homeowners feel that since the common ares (which consist only of equestrian trails through and around the perimeter of the subdivision) were never turned over to the homeowners that we have no responsibility for those areas -- that they are, in fact, nothing more than 'easements' owned by the city.

Some of us would like to have a functioning HOA. What is the legal status of our common areas?

PaulM (Pennsylvania)
Posts: 1,347

Posted:

Anne:
Suggest that the Board work with the local town's gvt. office in which you reside to learn the status of your 'unfinished' common area/s. The developer had a contract with your municipality to build and finish certain areas to municipal code, and they can tell you if he did and/or if they are following up on any problem areas.

Also, check with your county for the recording of the official CC&R from the developer; these should spell out common areas and responsibility. I am not altogether sure I agree that because they are 'unfinished' your community has no responsibility for them.

JanM (Texas)
Posts: 142

Posted:

If your HOA is paying taxes on the property, it is the HOAs.

JoeW1 (New York)
Posts: 728

Posted:

AnneH - The HOA may not want the common areas because of responsibility but ownership, mainentenance, and replacement of the common elements will increase property values, not reduce them. The common areas are yours whether you like it or not, they are not easements of the city unless they are designated as such on your master deed. If they are not declared as such the homeowners are talking out their butts, par for the course in HOA's, don't indulge the yahoos. Regardless as their protest, the HOA was what everyone bought into. Even if it's legally disolved, someone will have to take care of the common elements and guess who's going to pay that cost a premium? Hellooooo....

JulieS (Georgia)
Posts: 412

Posted:

Our county records are available on-line and I have looked up the developer's name as well as our HOA and found where all of our common areas and detention ponds were transferred to the HOA from the developer.

AnneH (Arizona)
Posts: 11

Posted:

Julie, thanks for your reply. We, of course, checked the county records. They are still in the name of the developer's LLC (no longer a functioning corporation). We know exactly what the common areas are -- they are clearly marked on the plat plans for the subdivision.

AnneH

AnneH (Arizona)
Posts: 11

Posted:

No, the HOA has never functioned as such. We just learned that the common areas were never combined into one for tax purposes -- there are six different parcels. The taxes have gone unpaid for five years. The have been sold in the tax lien sale -- four of the six have reverted to the state.

AnneH

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