QUESTION

Resident bought 13 acres, was supposed to be phase 2, with house in foreclosure. Bought after 10 yrs were up. Now HOA common property except house?

Asked on Mar 28th, 2017 on Residential Real Estate - Michigan
More details to this question:
Resident is currently selling house. He would like to split property into lots. Master deed states all undeveloped property becomes HOA common property after 6-10 years. What are the HOA's rights?
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1 ANSWER

Real Estate Law Attorney serving Holland, MI at Cunningham Dalman
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This is a complicated situation involving the master deed and Section 67(3) of the Condominium Act, a recent amendment of which purports to apply retroactively.  It sounds like it is a site condominium so the phase would be developed when the infrastructure is in, with the timing of the building of houses within units not being relevant.  And the lapse period runs from the recording of the master deed or later expansions, contractions, or conversions, so it is not possible to say with this limited information if the lapse period has run but I would not assume that it has.
Answered on Apr 03rd, 2017 at 4:49 PM

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