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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19653
Experience:  B.A.; M.B.A.; J.D.
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I have a complex situation. I purchased a short sale home in

Customer Question

I have a complex situation. I purchased a short sale home in '09 from a realtor, whos' husband was/is the original developer and manger of the development. The manager and me are the only dwellings in the development. There are several vacant lots. Prior to the purchase we were promised that the main road would be paved and the gate would be operational. These things were advertised as selling points. Since the purchase there have not been any meetings or accountings to my knowledge. The road and gate have not been done. Just after we purchased, the development was dissolved. The manager has requested HOA and water tap fees each year ever since. I have asked him several times about the money that is suppose to be in escrow for the gate and the paving. He says that money is gone. Also, he is using the common area as his own storage and venue for personal parties. It is never available for our use. The common area is deeded in his company name. Earlier this year the roads were in terrible shape. The manager came to me and stated that we can split the bill for the gravel and that will cover the HOA. Recently, he presented a bill that did not reflect what we had discussed. I confronted him about it and he stated that the gravel was an assessment and did not include the HOA. It is really beginning to look like he has shaped everything for his personal benefit and to ultimately obtain our property. What rights/options do we have?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.

You need to formally request for proper accounting--make a written request for accounting. The manager must account for the funds in escrow and exactly where the funds went. You cannot continue to pay when the payment is not going to pay for the things that the payment was made in the first place.

If you continue to get runaround as to proper accounting and documentation for all money spent, you may have to go to your District Attorney's Office and file embezzlement charges against the manager.