Legal Question in Real Estate Law in Indiana
Does a subdivison developer lose the right to enforce covenants after 100% of the land has been developed? There is no HOA.
Asked on 4/17/16, 8:46 am
1 Answer from Attorneys
Kenneth Wilk
Rubino Ruman Crosmer & Polen
The sale of 100% of the land has nothing to do with the developer's rights. all rights, duties and responsibilities are set forth in the original covenants and articles. When and to whom he turns over control is most likely spelled out in there. The realtor and lawyer who you had to help you when you purchased the home should have pointed this out to you---talk to them. There probably can't be a turnover of control until an HOA is created. Maybe its time to do that.
Answered on 4/19/16, 12:20 pm