Legal Question in Real Estate Law in Florida

my Dad was developing an Airpark Community and died in a crash before it was completed. Since then (2007) we have gotten back about 8 lots that were owner financed, we have only sold two lots and we are out of money to complete the remaining waterlines. Now the board has hired an attorney because they say we should have been paying Association dues on all the lots that came back to us and all the unsold lots too. We don't have any money to do this. Before my dad died, he, being the developer, was exempt from Asso. dues. The Covenants don't address "owner financed" property coming back to the developer. We fully intend to finish the waterlines as soon as we can sell some property.


Asked on 1/31/12, 7:44 pm

1 Answer from Attorneys
Alterraon Phillips APLaw, LLC

If the covenants and/or bi-laws are clear that the developer is exempt, I believe you have a good argument, if you are still acting as the developer, for the unsold lots. In relation to the owner financed lots in which you have re-acquired, I would have to ask were the lots developed? (home of some type of structure built on them) and did the prior owner start paying Association dues? If the answer is yes to either of these, it is a little more difficult argument. I would have to understand the full story and see the full bi laws and covenants to respond completely.

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Answered on 1/31/12, 9:01 pm


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