Condo regime land swiped in La.

[RHC]

What is the name of your state? Louisiana. I purchased a unit in a condo regime in July, 2005. Before signing the purchase agreement, I was given a copy of the recorded condo docs with the by laws and the property description. The developer submitted approx. 4 acres of land to the regime in April 2004. Again, all of this is recorded, stamped, etc. and I was presented with the final plat of the regime in the condo docs. I just recently tried to refinance my unit and was declined because the property decscription on my act of sale (title) and the plat now recorded at the courthouse are not the same. The developer "took" over 1/2 acre from us in order to build parking for his restaurant which is next door. We (the association) are being told that his position is that he sold his interests to "the builder", who in turn, outvoted us and gave him the property back? This doesn't sound right to me...any advice?

[danno6925]

I just recently tried to refinance my unit and was declined because the property decscription on my act of sale (title) and the plat now recorded at the courthouse are not the same.

Are you not dealing with either the best or the brightest at this mortgage company? There is a new plat on record - they should use it as their plan reference, and stop using the outdated information. Why on earth does how much land the condo association controls have anything to do with a mortgage approval/declination for credit w/in the community?
IMO, the mortgage decline is irrelevent to the remainder of your question, but troublesom nonetheless. Have the mortgage company send you a letter detailing exactly why you were declined. Instruct them to list each and every reason that affected their decision to adverse (decline) your request.

The developer "took" over 1/2 acre from us in order to build parking for his restaurant which is next door.

Was that parcel of land sub-divided for individual sale? If not, the builder screwed up. Since most builders don't know squat about title insurance, or the issues that can arise from their ignorance, you might want to check that out first. If he made a mistake in this aspect of the transfer, you might be able to get the land back under condo "regime" comtrol.

We (the association) are being told that his position is that he sold his interests to "the builder", who in turn, outvoted us and gave him the property back?

and can the builder produce the necessary documentation that enough homeowner's from the "regime" were present? Can he recount how each unit owner voted? If not, he may have a tough time proving that in court. Call the builder, and get his take. Contact the developer (shouldn't be hard, since his restaurante is right next door) and determine what he did, on what date he did it, how much he paid for the land, etc.

THEN, get the current Association together and rally the troops! No one likes to have anything stolen from them - especially not land. Get everyone behind the idea to put an attorney on retainer so this can be sorted out.

Good luck.

[RHC]

Thanks for all of the replies. First, the lender I am applying to has explained to me that the transaction is doable, with an ammended title/property description etc. That's all fine and good, but now the question is was the property properly transferred or maybe better, did he have the right to take it back with out compensation to the regime. This is water front property and it is worth a ton, especially since Katrina. It was high and dry. Follow the time line:
1. April 2004- Developer owns 9 acres total. He subdivides, surveys, and records two tracts. Tract A is 4 acres submitted to the condo regime and Tract B is 5 acres for the restaurant/marina.
2. Construction starts on units
3. I sign purchase agreement in March 2005 (mine had to be built) All condo docs, plats, etc. given to me BEFORE I sign state the four acres with a 1/32 ownership of the common elements.
4. I close in July 2005. My title reads the "airspace" in the structure, 1/30 th of the common elements, etc.
5. Katrina hits August 2005 (this property is nw of new orleans)
6. Developer decides sometime between August 2005 and May 2006, he needs xtra parking. We have no fencing, no barrier's etc. to distinguish "our" property from the "restaurant", and now we notice all of the concrete trucks etc.
7.) I try to re-finance my unit, the discrepancy comes up, and we (the association) are told that he sold all of his interests to the "builder" post Katrina, and the builder outvoted us and gave it back to him.

It's complicated, but that's the high points.