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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102356
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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The original declarant of our condo association went

Customer Question

the original declarant of our condo association went bancrupt. I builder has purchased the balance of the land from the bank. the builder is now building the balance of the side by side duplex style ranch condos. Units are being sold without complete landscaping, driveways, etc. some members of our association think the BOD can block the sale of these units until everything is complete. Can the BOD block these sales?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: wisconsin
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: no
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Ely replied 12 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. No, the BOD cannot block such sales unless (1) the HOA is active and (2) there specifically exists a bylaw that allows the BOD to block the sale in such a situation. But even if the HOA is active, then unless there is a bylaw that specifically disallows the sales, it can happen.

But the HOA may pass a bylaw that states that no home may be sold without completed landscapes and driveways, etc. If so, then it would be binding unto the builder since he is an "owner" under HOA. The matter is only pushing it through the HOA to include in official bylaws.

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