Clubhouse & Pool

In the community we have a clubhouse and a pool, in my community the subdivision was not completed there was some property that was not built out, in other words the developer went bankrupt and the Bank sold the unbuilt property, the clubhouse and the pool to an investor, the investor is now the Declarant and is claiming ownership of the clubhouse and the pool, but our HOA dues is paying for the upkeep for both, can the Bank sale and not give the community the first right to buy, is this legal, snd if an investor bought it should he be responsible for the upkeep of both.

Hi Ivy:

What do your documents state regarding the community property? This is the first place you need to look for your answer.

All documents vary and as an example mine states that community property is to be deeded to the association prior to selling the first lot in the development. However, I have seen others where the developer has the right to maintain or sell certain community property (i.e., pool, golf course, etc.) to a third party.