Transfer of Common Areas to Association

Our neighborhood was formed (in Cumming, GA) in 2003. The developer filed covenants on the property and the build out is complete. There was a dispute with the developer in 2006/2007 relative to additional improvements to common areas. This dispute led to litigation and the Association prevailed with a judgment in 2009. The new Board assumed control in April 2010 and learned from the previous members that the developer went "bankrupt". We have searched PACER and find no record of bankruptcy for the developer. We have confirmed that the developer is an active corporation in noncompliance with the Secretary of State. We also learned that the previous Board paid a tax lien on the common area property (2009)that was issued in the name of the developer, which confirmed the common area property was never conveyed to the Association. The Association has been maintaining the common area property, but does not have insurance on the structures - only a liability policy. Given there is no bankruptcy, will a QCD from developer suffice to transfer title to the Association at this stage? The covenants do no specify a time for transfer and only provide that the declarant "may transfer" to the Association....the Common Areas.

Any suggestions?

Yup, you need professional legal help here, and good for you for not believing that someone filed "bankrupt", and checking it out and demanding proof!