Development Bankrupt

Hello,
I just purchased a lot in a unfinished Sub. The water and sewer lines are in place but no infrastucure to support them at the road.
The original Developer had a corporation and CCR's in place a filed with the State of Florida. The developer sold a few lot's and then
let the bank have the remainder of the lots. The HOA was never active and no members on a board just the Declarant. or the Corporation.
My question is as a lot owner are the Restrictions still active? The Corporation name attached to the HOA Declaration has dissolved.
Thanks- Pete

As Ben mentioned, CCRs that are properly filed "run with the land" and the absence of an active HOA does not change that.

Many CCRs give owners the ability to enforce the restrictions so potentially neighbors could sue neighbors if the restrictions are violated.

QUESTION: You are noted as from Michigan ... however, in your question your note CCR’s file in Florida. There are differences between these states.

If the Bank has the majority of the lots then potentially (depending on State Laws and if rights have been transferred) the Bank currently could be the (Developer / Declarant) in your situation. The Restrictions are attached to EVERYONE’S Property Titles ... those are potentially active until such time as potentially noted in your CCR’s they can be dissolved. That could be difficult ... for example in my area in order to disolve ... the HOA must get approval from the local government entity. The Corporate entity potentially has not been dissolved and instead has become inactive. In some states that would mean that the HOA could not implement fines and other items until such time as they reinstate the HOA.

The developer or declarant states was a profit corp that is inactive. That is as of 2013.
The bank foreclosed on the remainder of the lot's. A buyer came in and purchased the lots from the bank and is selling off a few at a time.
I would think that the new owner of the lots owns about 80% of them.
Can the Hoa be amended? The C&R's are fine other than a few items like foundation and getting approval from the HOA to build.
There is no homes in the sub only lots. They put water and sewer lines in but no infrastucture to support them yet at the road.
My lot backs up to the main rd so i can hook up to the water and sewer at the main rd according to the water dept.
Any other lots that don't abut the main rd can't and they wont issue building permits until the water sewer in the sub is finished ( Maybe Never)
I want to build a house and the original developers dream is gone. They were looking for old Florida home Exposed Rafter Tails, No vinyl siding and such.
Can i go about building without any HOA active and if i make some changes will i be liable down the road?
Hope this helps and thats for the comments.

First thing I would do is go to my County Records and obtain any and every document pertaining to the HOA and contracts on file between the prior and current developer with your local government.

Second thing I would do is consult with your local government Planning Department. I would ask them if the prior developer had in place something similar to what they have in my area noted as an SIA (Site Improvement Agreement) ... which you might also have found in your document search with the County Records as I noted above. In those agreements the Developer puts up $$ essentially as a deposit or bond to the City. This insures that they implement what has been promised or the City must complete using the $$ the developer paid in advance. If the water and sewer is not yet finished ... potentially it could be the Local Government’s responsibility via the SIA to implement.

Third I would contact the buyer who owns the 80% of the other lots ... and I would make them my FRIEND. How good of a friend would depend on whether or not any “developer” rights were transferred to them via their purchase (and which should hopefully come out in your #1 research as noted above). They are the entity (if they have the developer rights) who you need to get the HOA approval potentially with regards to any construction for the HOA.

Last but MOST IMPORTANT ... I would be reading all my HOA Documents and State HOA Statutes to insure I fully understand the situation. This type knowledge can be “Power” when dealing with a Developer / Declarant. A developer can sometimes put items in the CCR’s which might end up null and void because they violate State Laws.