Ccr enforcement

Started by GeorgeC5 • 9 replies • 1445 views

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GeorgeC5 (Florida)
Posts: 4

Posted:

Developer controlled HOA , Seven units built. Parcel to be built nine units by general plan. Remained unbuilt for25 years. Developer aloes dissolution of association. Several years later, ten or so, developer sells parcel and common areas as described in ccr filed at the county and to run with the land all owners subject to.

The ccr state that the common areas, private street and parking and side walks on each side to be conveyed to all members jointly fee simple.

Can the new developer with out reviving the association take the parking and side walk on the parcel to be developed and devide and sell it to the new to be built units.

Do the ccr bind the developer, can he sell 1/3 of the common area?

GeorgeC5 (Florida)
Posts: 4

Posted:

Also my reading of Florida HOA law says a disolved association cannot be revived to govern more units tha it governed previously. Our cars show total of sixteen units and the new developer is building twelve making a total of nineteen. Can he revive association in this circumstance?

SheliaH (Indiana)
Posts: 6,964

Posted:

Those are legal questions - ask an attorney. You say the community is still controlled by the developer, so it's possible it will be able to do whatever until the community is turned over to the homeowners

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By GeorgeC5 on 06/22/2017 6:55 PM

Do the ccr bind the developer, can he sell 1/3 of the common area?

Typical governing documents allow the Association to buy/sell common area.
Your governing documents, State statutes or, perhaps, zoning requirements, may limit or prohibit such things.

GeorgeC5 (Florida)
Posts: 4

Posted:

Isn't the developer subject to the ccr? Can he change thr ccr without resuscitate the association?

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By GeorgeC5 on 06/22/2017 9:02 PM
Isn't the developer subject to the ccr? Can he change thr ccr without resuscitate the association?

The CCRs exist whether the HOA is active or not. Many CCRs give the developer enough voting power to change the CCRs until they own fairly few lots.

Escaped former treasurer and director of a self managed association.

GeorgeC5 (Florida)
Posts: 4

Posted:

Yes but must he resuscitate the association admin inc to
Make changes?

JanetB2 (Colorado)
Posts: 4,219

Posted:

George ... You are in Florida and under Developer Control. Unfortunately FL gives a lot of leeway to Developers. When my Mom was looking to purchase a vacation property and looking at FL ... She wanted a newer property, but I told her If you purchase a property which still has Developer control in FL I will personally stick my foot up your tail end. All the properties she liked unfortunately had a developer many years still controlling. So lucky for me (as I am one who is future trustee of estate) she chose a different State ... Yay!!! My personal opinion is FL gives Developers rights which in other states such as my own would potentially be considered Real Estate Fraud. A Developer should not be allowed to "go fishing" for investors to spend many hundreds of thousands of dollars based on what has been already implied and expressed ... and then down the road violate NOT only those owners, but also their secured creditors who lend large sums of money. While has become a little bit better ... homeowners in FL HOA's (especially new HOA's under Developer Control) should be screaming for better laws to protect not only their families but also their Secured Creditors (a.k.a. Mortgage Lenders).

PitA
Posts: 1,416

Posted:

Quote:

Posted By GeorgeC5 on 06/23/2017 11:50 AM
Yes but must he resuscitate the association admin inc to
Make changes?

No, the majority vote can change the CCRs

Usually the developer has a 'super majority' vote until turnover

The HOA merely ADMINISTERS the covenants and restrictions and pays the requisite bills

GenoS (Florida)
Posts: 4,276

Posted:

George, it sounds like the developer may have abandoned his responsibility to maintain and complete the amenities and infrastructure as called for in the governing documents. In that case, FS 720.307(1) mandates that turnover of control of the association has already occurred. This developer may very well be within his rights, or he may be trying to get away with illegal actions. Speak to an attorney.

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