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CyrstalB (Maryland)
Posts: 457
Posted:
I have found our plats and I am combing through the land records for deeds on the land the HOA may or may not own. So far I have found only one "parcel' that was deeded to someone else.

And what a learning curve it has been, just when you think you've learned all you can about an HOA!

If it is determined that we still own the land, we would have to donate that somehow, right? And thus the problem with dissolving the HOA. We have one possible avenue as our county put a program together to buy certain properties to preserve, so maybe now that it exists, they may be interested if it is given to them.

Any thoughts on that idea?
PitA
Posts: 311
Posted:
why ask us ?

ask your county !

and the corporation's attorney
TimB4 (Tennessee)
Posts: 21,062
Posted:
Donate, Sell, give, abandon

Of course there are consequences to all of those.

As was suggested, something to ask an attorney about.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Crystal,

I think what you do will depend on the type of land that the HOA now owns.

Your association could dissolve without doing anything with title to the property. There are thousands of parcels with owners who cannot be found.

The fly in the ointment is property taxes. If this is land that is taxed there is the possibility that it will eventually be sold by the county assessor for back taxes. Whether someone would buy it would depend a lot on the nature of the property and any easements that may exist. If the property is some sort of protected wetlands, there is little chance of it being purchased and used adverse to the neighborhood. On the other hand, if there are several acres of open space someone might see that as an opportunity for development; the new owner could file a quiet title action to remove the easements and build the Resident Home for Free-Ranging Ax-Murderers.

You should consult with your attorney to see if there is some means of preserving the open spaces in perpetuity without having the burden of some sort of association.

PitA
Posts: 311
Posted:
aaaaaah .... attorney .... again

however

$$$$$ where the mouth is ???????
CyrstalB (Maryland)
Posts: 457
Posted:
Thanks for the replies, and it is understood that at some point an attorney will be needed. HOWEVER, it is prudent to do the leg work, and get some sort of an understanding of just what it is we would be asking them.

We have experienced hiring attorneys without any research/knowledge on our part and all three took us for a ride, each claiming something different.

When we went to a fourth one, just as a meet and greet for future use, they started the meeting off with, well, you all have big problems, I couldn't find anything about your "association". Ok, thanks and see ya!

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