New Resort Development and Deed Restictions

Started by DarulR • 8 replies • 1279 views

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DarulR (Florida)
Posts: 4

Posted:

I have a question,
I bought a pre-constuction home on a resort near Disneyworld 3 yrs ago,
They still have not been built and blame hurricanes,bad contractors etc.
They now want myself and others to "reload" ( they mean now pay double the price for the same unit when it is completed).
What they have said is if I don't reload, they will still build my unit for the original price but it will be deed restricted, and will have restictions that the other
units that owners reload will not!
Are they allowed to do this?
Can units on the same community/resort have different deed restictions put on them?
And where can I find out about deed restriction laws ( guides etc that must be followed)?

Please try to help

KevinK5 (California)
Posts: 64

Posted:

I know the FL state statute 720 does mention HOAs having "different classe of members". It sounds like a development could have different levels of membership so that maybe some have pool access and some don't. I would think this would have to be related to the association fees though and not to the purchase price of the home. Sorry I can't be of any help otherwise.
The state statutes for HOAs:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0720/titl0720.htm
The state statutes for condos:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0718/titl0718.htm

DarulR (Florida)
Posts: 4

Posted:

can anyone explain "different class of members".
can the Developer just choose any restriction they want and who to impose them on?

RogerB (Colorado)
Posts: 5,067

Posted:

Darul, class A relates to members who are homeowners while class B relates to the Developer owned units. The Developer writes the controlling documents so within the limits of higher order laws selects the restrictions. During the Developer's control their Board, or authorized Management Company, determines who is violating restrictions.

DarulR (Florida)
Posts: 4

Posted:

thanks for your answers, they have helped.
but does anyone know if....
all the deed restrictions must be the same for all owners on the same community or can they
impose different ones on each unit????

BradD2 (Florida)
Posts: 418

Posted:

I would not reload if I was you. Based on what you said they are blowing smoke at you hoping you will turn over a ton of cash.

TracyT (Maryland)
Posts: 228

Posted:

I agree. This just smells bad.

In MD the builder has a certain time frame that the unit has to be complete. I think its around 180 days, whether permitting. Not 3 years! Such a statement would found in the contract of sale. If they've selected bad contractors and/or can't control them that should be a big message to you.

If you really have your heart set on this place you should investigate the differences in the deed restrictions and see if you can live with them. You should also get some assurances that they have control over their contractors.

Good luck.

RogerB (Colorado)
Posts: 5,067

Posted:

Posted By DarulR on 05/09/2007 8:44 PM
does anyone know if.... all the deed restrictions must be the same for all owners on the same community or can they impose different ones on each unit???? /div>

The deed restrictions are the same for every unit within each separate filing. So if all units are within the same filing the answer is yes they must be the same for all owners. However, sometimes there may be units with tiered price ranges which are defined and have different assessment amounts and correspondingly different weights for votes.

JM2 (Oregon)
Posts: 439

Posted:

Hi Darul:

I would consult a good real estate lawyer, to see if what they are doing is legal, and also to help you sort out what you'd like to do. There may be an opportunity for you to pull out of the deal - you would need to check with a lawyer to review the contract. You might want to talk to an HOA lawyer regarding this issue as well; and possibly the Better Business Bureau.

JPM

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