ThomasG7 (Florida)
Posts: 2
Posts: 2
Posted:
The CCRs for an HOA in Florida provides for annexation of property by two-thirds of members except as provided in another section titled "Additional Phase". The section on Additional Phase gives the declarant the right to annex any additional land to the terms of the CCRs without the consent of any party of the existing HOA. The document simply requires the declarant to file an ammendment to the CCRs with the county.
It is my understanding that the original declarant had property divided into two phases. The second phase has remained vacant with only public utilities for years. Another adjacent property of 4 homes was developed by another builder who owned the adjacent property. Prior to the selling of any homes in the adjacent property, the declarant annexed the property with an ammendment that included the consent of the owner.
The owner sold one unit and lost the other 3 to the bank. These three units were sold years later, one at auction, two by private sales from the bank. The existance of an HOA was not disclosed to the buyers until after closing documents were signed. The ammendment annexing the property was not filed in a way that made the annexation clear in a property search.
So now I am looking at how to proceed to get the property out from under the HOA. Was the annexation legal? Can the declarant annex any land? Given that the land was not part of a planned additional phase, does that matter in how it was annexed (declarant vs member vote)? Since the ammendment was not filed with the county in a way that cross referenced the annexed property, does that invalidate the annexation in some way? Is the bank that sold the property liable for not disclosing the HOA (the bank had been paying HOA dues)? Is the title company somehow liable for not disclosing the deed restriction soon enough? Without a specific clause in the CCRs for de-annexation, is it possible for the owners of the 4 properties to remove the deed restriction? Any thoughts on this subject would be appreciated.
It is my understanding that the original declarant had property divided into two phases. The second phase has remained vacant with only public utilities for years. Another adjacent property of 4 homes was developed by another builder who owned the adjacent property. Prior to the selling of any homes in the adjacent property, the declarant annexed the property with an ammendment that included the consent of the owner.
The owner sold one unit and lost the other 3 to the bank. These three units were sold years later, one at auction, two by private sales from the bank. The existance of an HOA was not disclosed to the buyers until after closing documents were signed. The ammendment annexing the property was not filed in a way that made the annexation clear in a property search.
So now I am looking at how to proceed to get the property out from under the HOA. Was the annexation legal? Can the declarant annex any land? Given that the land was not part of a planned additional phase, does that matter in how it was annexed (declarant vs member vote)? Since the ammendment was not filed with the county in a way that cross referenced the annexed property, does that invalidate the annexation in some way? Is the bank that sold the property liable for not disclosing the HOA (the bank had been paying HOA dues)? Is the title company somehow liable for not disclosing the deed restriction soon enough? Without a specific clause in the CCRs for de-annexation, is it possible for the owners of the 4 properties to remove the deed restriction? Any thoughts on this subject would be appreciated.