Builder transferred land to “neighborhood”

Started by JoyS1 • 27 replies • 844 views

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JoyS1 (Kentucky)
Posts: 1

Posted:

I live in a neighborhood that was built in 3 phases. I am in phase 1 that was built 13 years ago before the builder owned the land for phase 2 & 3. We had a HOA that dissolved several years ago for the phase 1 neighborhood. We recently learned we have been included in a new HOA that include all 3 phases. We also learned the builder deeded “wetland” to the neighborhood without notifying the residents. There is an EPA issue caused by the builder in regards to these wetlands that we are told are now the responsibility of the residents or the HOA if it becomes active. Do we have any legal recourse against the builder? Can the original HOA be reactivate to avoid being forced into this new HOA?

GeorgeS21 (Florida)
Posts: 3,808

Posted:

VERY interesting questions ...

Lots of research into your deeds, CCRs, Bylaws needed.

You should review all the county documents that have been recorded ...

THEN, after getting smart on what happened, prepare a package of info for the other residents, get their contribution for an attorney, and get going.

In your research, you may find there isn’t a big issue ...

We need a lot more info about your HOA and the build out process and numbers.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

I dont know any detail about your situation, but it seems like the EPA could go after the builder who caused the damage regardless of who currently owns it. They could also go after the current owner regardless if its an "active" HOA or not.

If the builder is still in charge, meaning he is the declaration, you have little to no recourse. He can do as he pleases. There is no "original" HOA. Its simply the builder.

SueW6 (Michigan)
Posts: 814

Posted:

A "dissolved HOA would have to have been voted on by the members of the HOA and the IRS and state corporation notifying them or a letter from the State that they have dropped you as a corporation operating in your state.

Do you have all this paperwork in past minutes?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

But if dissolved, the EPA could name each individual homeowner in the lawsuit instead of the "HOA". Makes no difference to them.

RoyalP
Posts: 1,104

Posted:

Yep .... if the 'corporate shield' were dissolved then Y'ALL, as personal owners, are PERSONALLY liable.

Thank the Creator y'all are now, apparently, under the corporate shield.

This thread shows the importance of ANY HOA being actually incorporated.

A corporation may lose corporate assets w/o the members losing personal assets.

An Unincorporated association leaves its members subject to PERSONAL liability.

If in doubt, check with your attorney.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

So, RP, are the same person as all the other pita nonsensical names?

RoyalP
Posts: 1,104

Posted:

yes, but I'm feeling much better now

GeorgeS21 (Florida)
Posts: 3,808

Posted:

I am not ... I have asked the website to bar you from changing names.

You are engaging in a form of fraud.

KerryL1 (California)
Posts: 14,550

Posted:

Know what, George? I don't think jumping all over someone helps the OP at all. RoyP's replies make sense and are civil....so far.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Is he the same guy that has been doing the childish yapping with several other names?

If so, he needs to be gone ... the evolution from useful information presented in a helpful manner into smart childish nonsense was previously was short.

If this is a different person - sorry.

If this person changes his name, and then resets to another name .... what is the point?

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Sorry - wanted to make sure this made sense.

I am not clear on policies for this site - except the one that notes the responses should be helpful.

If there is a site user who changes their name several times to avoid being castigated, then that person should NOT be on the site - AT ALL.

I frankly can't be certain from the interchange, whether or not this is the same person having fun, but it is irritating enough to me that I consider it will put off those needing help.

I simply don't have time for childishness regarding this very adult activity.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By GeorgeS21 on 11/08/2018 5:53 PM
I am not ... I have asked the website to bar you from changing names.

You are engaging in a form of fraud.

RP has been around here longer than you or I have and adds a bit of personality to the forum, why can't you just let him be? If the forum were going to boot somebody, I'd vote for one whose wildly mis-informed and incorrect posts do a lot more to confuse newbies here.

Escaped former treasurer and director of a self managed association.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Folks who need help and come to this site are not interested in personality - especially if the author demeans them.

KerryL1 (California)
Posts: 14,550

Posted:

I'm with Douglas. Misinformation bothers me way more than RoyP. Some here will remember longtime posters Jon from NY and Larry from AZ (RIP). They both were rude from time to time but I felt their experience & wisdom outweighed their occasional nastiness.

I and others sometimes briefly chastised them, but didn't go on & on about it on several threads. Sheesh!

GeorgeS21 (Florida)
Posts: 3,808

Posted:

OK - so, there is partial consensus that we are not going to follow the forum rules?

I really don’t like wasting time doing this, but I really, really don’t like bullying by painintheass people.

RoyalP
Posts: 1,104

Posted:

GeorgeS21 (Florida)
Posts: 3,808

Posted:

And, again, the childishness.

RoyalP
Posts: 1,104

Posted:

And, again, the response.

RoyalP
Posts: 1,104

Posted:

Steve,

I believe that the EPA 'goes after' the present owner of the property for 'remediation'.

Any criminal actions by previous owners are the previous owners' problem.

The current owners may seek legal redress from the previous owners, but are CURRENTLY responsible for any 'violations'.

CAVEAT EMPTOR

GeorgeS21 (Florida)
Posts: 3,808

Posted:

So, RoyalP, is it your intent to respond in this same manner ... ?

Are we going to have this exchange each time I call you for being childish with your tongue stuck out?

Do you want to use this space to do this?

GeorgeS21 (Florida)
Posts: 3,808

Posted:

RoyalP
Posts: 1,104

Posted:

Quote:

Posted By RoyalP on 11/10/2018 5:29 AM
And, again, the response.

RoyalP
Posts: 1,104

Posted:

oops

the emoticon was copied in error

And, again, the response.

? childish ?

perhaps

! yet you continue to play !

JeffT2 (Iowa)
Posts: 880

Posted:

George, your are starting to be the bully here and the one who is not following the posting rules. Just sayin'

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Nope - I am simply restating the purpose of the site.

I will, however, limit my responses in the future.

Perhaps there is another site with the same type of interaction.

RoyalP
Posts: 1,104

Posted:

1000s and 1000s

called the world wide web

don't slam the door

.

.

.

(a simple request which YOU interpreted)

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By JoyS1 on 11/07/2018 7:58 PM
I live in a neighborhood that was built in 3 phases. I am in phase 1 that was built 13 years ago before the builder owned the land for phase 2 & 3. We had a HOA that dissolved several years ago for the phase 1 neighborhood. We recently learned we have been included in a new HOA that include all 3 phases. We also learned the builder deeded “wetland” to the neighborhood without notifying the residents. There is an EPA issue caused by the builder in regards to these wetlands that we are told are now the responsibility of the residents or the HOA if it becomes active. Do we have any legal recourse against the builder? Can the original HOA be reactivate to avoid being forced into this new HOA?

If I were you I would go to my local County Records Office and ask for a copy of any documents (especially CCR’s) filed against your Property Title. If anything was recently filed against your property title without your proper consent ... you potentially could have a whopping lawsuit against any entity violating your rights. Sorry to be included in any “new HOA” would need your agreement to encumber your property title. Check to see what documents are filed and when then we can better answer further questions.

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