The offering plan was done in 1984 and the built units have been turned over to the HOA years ago...He has 1 lots to still be developed ( which 3 townhomes can built), and yes it is the middle of our small development..we are wondering is he obligated legally to pay his portion or do we have a legal recourse if he doesn't? ie: lien on the small parcels he is trying to sell?
Thanks, XXXXX XXXXX President
Our Treasurer did send out a very nice email re: his share of approx $1800, he replied saying he does not have to pay anything.. We need to know if we do not have the original offering and our big fear is when and if he sells the property and our road has been repaved , construction starts and there's damage to our newly paved road (approx.100 yards in from entrance) and he has not paid anything, then what is our recourse.
I believe what I'm not making clear to you is the developer turned over to HOA between 1984-86 , when the original paving was done, so therefore there is no offering to be had....
Our road needs to be repaved and the property he still retains and is trying to sell, is approx. 8% of the total frontage on the HOA road.
I'm coming to think there is no recourse to him not paying for his portion of property within our HOA. This property is not in the HOA since it is retained by the original developer...
I am a FL Broker who happens to be the HOA president where I live. While I admit I do not know all of the answers, I have never heard of an offering plan to be in effect once the property is turned over to a HOA or Condo Association. The only time I have seen such paperwork is when the developer still has not sold enough % to fulfill satisfaction in order to turn it over...
I guess I will have to check into where I can find the original offering papers..
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