HOA in a non recorded subdivision --- Florida

[rlsebring]

Myself and 23+ other land owners were sold a subdivision with an HOA only to find out that we actually bought in an un-recorded subdivision and it's been brought up whether we actually have an HOA or if an un-recorded subdivision can even have an HOA. We were charged for a years HOA fee at closing and for myself that was 3 years ago with no additional due collected by the developer. Other owners paid at closing and the time varies but have only paid once.

An HOA was created at the Secretary of State but has not been recorded at the county. There are major deficiencies with the development of the common areas as laid out and the neighbors have gotten together to discuss and agreed not to accept the potential HOA from the developer. The 2 major problems there was no storm-water mitigation and what we thought was a "Road" is nothing more than a "Driveway" according to the county. We do have street names and individual house numbers. The developer is the only person listed on the HOA.

Do we have an HOA and can we be forced to accept the HOA w/common areas when it is in substandard condition?

 

[LdiJ]

Myself and 23+ other land owners were sold a subdivision with an HOA only to find out that we actually bought in an un-recorded subdivision and it's been brought up whether we actually have an HOA or if an un-recorded subdivision can even have an HOA. We were charged for a years HOA fee at closing and for myself that was 3 years ago with no additional due collected by the developer. Other owners paid at closing and the time varies but have only paid once.

An HOA was created at the Secretary of State but has not been recorded at the county. There are major deficiencies with the development of the common areas as laid out and the neighbors have gotten together to discuss and agreed not to accept the potential HOA from the developer. The 2 major problems there was no storm-water mitigation and what we thought was a "Road" is nothing more than a "Driveway" according to the county. We do have street names and individual house numbers. The developer is the only person listed on the HOA.

Do we have an HOA and can we be forced to accept the HOA w/common areas when it is in substandard condition?

Realistically, you and the other homeowners have a pretty complex legal situation and I think it's beyond the scope of an online forum. I would suggest that as many as possible of you band together and pay to consult a local real estate attorney.

 

[quincy]

Myself and 23+ other land owners were sold a subdivision with an HOA only to find out that we actually bought in an un-recorded subdivision and it's been brought up whether we actually have an HOA or if an un-recorded subdivision can even have an HOA. We were charged for a years HOA fee at closing and for myself that was 3 years ago with no additional due collected by the developer. Other owners paid at closing and the time varies but have only paid once.

An HOA was created at the Secretary of State but has not been recorded at the county. There are major deficiencies with the development of the common areas as laid out and the neighbors have gotten together to discuss and agreed not to accept the potential HOA from the developer. The 2 major problems there was no storm-water mitigation and what we thought was a "Road" is nothing more than a "Driveway" according to the county. We do have street names and individual house numbers. The developer is the only person listed on the HOA.

Do we have an HOA and can we be forced to accept the HOA w/common areas when it is in substandard condition?

What do you and the other owners want to do? Sue the developer?

Despite my questions, I agree with LdiJ that your situation appears to be one that is too complex for an Internet forum. You and the other property owners probably will have to consult with a real estate attorney eventually. You might as well invest in the attorney now.

Good luck.

 

[zddoodah]

Do we have an HOA and can we be forced to accept the HOA w/common areas when it is in substandard condition?

I'm at a loss as to why you'd think folks on the internet, who have never seen any of the documents that are relevant to your situation, could possibly respond to this question in any sort of useful manner. I suggest a consultation with a local real estate lawyer.

 

[festival]

Some suggestions to try:

Go to the county or other local government, see what plans have been submitted, get copies, and ask them to help enforce on the developer the street issue, the water mitigation and any other regulation they have for subdivisions and developments. Developers often have a completion bond with the county.

Check with the county recorder of deeds to see what is attached to your deed, restrictions of record.

Check with the county for any submitted plans or plats that may refer to an HOA.

Ask your title insurance to review and enforce anything you didn't get but should have gotten with your title, perhaps water mitigation. They are there to defend your title, and you have already paid them.

HOAs can be mandatory or voluntary. My understanding is that when the community has to collect money to maintain roads and other common areas, then an HOA (or something like it) becomes mandatory for that purpose. Not saying this is necessarily neat and tidy.

I don't think that accepting the HOA means that the HOA is responsible for completion of the streets or water management. That should be the responsibility of the developer, not the HOA.

You may have to accept the HOA, and use it to your advantage, for example to put pressure on and perhaps sue the developer. I would be looking to take over the HOA as soon as possible, get access to the HOA funds (if any are left), in order to use the HOA in further negotiations with and legal action against the developer.

I would go to a law firm that specializes in HOAs, not just a local real estate lawyer.

 

[rlsebring]

Some suggestions to try:

Go to the county or other local government, see what plans have been submitted, get copies, and ask them to help enforce on the developer the street issue, the water mitigation and any other regulation they have for subdivisions and developments. Developers often have a completion bond with the county.

Check with the county recorder of deeds to see what is attached to your deed, restrictions of record.

Check with the county for any submitted plans or plats that may refer to an HOA.

Ask your title insurance to review and enforce anything you didn't get but should have gotten with your title, perhaps water mitigation. They are there to defend your title, and you have already paid them.

HOAs can be mandatory or voluntary. My understanding is that when the community has to collect money to maintain roads and other common areas, then an HOA (or something like it) becomes mandatory for that purpose. Not saying this is necessarily neat and tidy.

I don't think that accepting the HOA means that the HOA is responsible for completion of the streets or water management. That should be the responsibility of the developer, not the HOA.

You may have to accept the HOA, and use it to your advantage, for example to put pressure on and perhaps sue the developer. I would be looking to take over the HOA as soon as possible, get access to the HOA funds (if any are left), in order to use the HOA in further negotiations with and legal action against the developer.

I would go to a law firm that specializes in HOAs, not just a local real estate lawyer.

Thank You for a useful reply.

 

[festival]

Thank You for a useful reply.

You're welcome. Three months have gone by. Any changes/updates to your situation? It really helps to get feedback.

 

[rlsebring]

You're welcome. Three months have gone by. Any changes/updates to your situation? It really helps to get feedback.

We have a Real Estate attorney on standby. Got the County involved big time with all the issues. They took notice that the developer build the subdivision without any plans or permits of any kind. The County say there are making him submit and correct but moving quite slowly.

Still don't know if we have a legitimate HOA or not.

The developer did the same thing in phase 2 adjacent to us but has put up private property / private drive, etc He has not made any mention of us taking over the HOA he formed and hasn't collected the dues going on 3 years now. Most paid one year when they closed on their property and thats been it. Developer claims the money is still in the account.