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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110573
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Developer controlled HOA administratively dissolved thirteen

Customer Question

Developer controlled HOA administratively dissolved thirteen years ago ceases to govern, successor to developer buys unfinished project. Declarations and covenants and historical structure of sixteen lot development show nine lots yet to be developed, after 30 years of undeveloped lots taxed as to maintenance by master association for club house and amenities. Can a new owner "developer" tear up the general plan and build twelve homes when the community has recognized just nine lots? Is the description of the community in the covenants and declarations a means to stop the over building? The parcel 30% to build anything was granted a variance by the city to build, at which point they could build seven town homes, the city then granted them to build TWELVE town homes. Code requires two and a half parking spaces per home. Developer wants two drive ways and a garage to meet this requirement. One drive way requires twenty five feet frontage two drive ways require thirty feet of frontage. It appears the city will grant a variance to allow two drive ways on the twenty foot lot, which is Thirty % shy of required frontage. The city is out of control and only seeks to squeeze maximum tax base at expense of the quality of life of the community.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the covenants are still on file with the deed and the covenants have not been revoked, then the developer could do so. However, if the covenants, which are actually attached to the master deed, are still in place, the developer would not be able to change that and you would need to file suit against the developer for violating the covenants. However, if the covenants were revoked with the master deed in the dissolution, I am afraid the developer can indeed do what he is doing.
Customer: replied 1 month ago.
The sub was dissolved as to its status as a corporation with the state. Does this remove the covenants which declarations run with thee land forever? How do I find out if the covenants are still in place. Can the new developer who basically is creating something different create a new association to which I will be bound? The Florida HOA law says an association that creases to govern cannot be resurrected to govern more lots than it previously governed?
Customer: replied 1 month ago.
With the city on the developers side I dont believe I can stop this train. However the new homes and new common areas which are to be created will require reserve funds to maintain which are particular to the new structures, this will cost me mopney. Can the seven built units create a new or resurrected association to cover just them?
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
Dissolving an HOA corporation does not generally remove covenants attached to the deeds of the property, those are separate things. So you need to go look at the deeds, because covenants attached to the deeds run with the land forever until the owners vote by 70% or whatever percentage is specified in the covenants to remove them or sue in court to remove them.
You need to review your deeds to see if the covenants remain on the deeds to the property to know what the developer can or cannot do with the property.