Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I am a property owner in a development in Conway. There were only a few lots sold and only 2 houses built. The original developer went bankrupt and now I hear that another developer has been given Declarant rights for the remaining lots. There was never a formal HOA, we just gave the developer a check made out to his construction company for common fees. Now that he is gone from the picture, and another builder has rights to the remaining lots,,what happens to this "virtual" HOA? Do we have any legal rights? Do we have to pay the new builder even though he has nothing to do with the existing houses and sold lots? So far I havent heard from the new builder, but Im sure at some point we will.
Andy, you might find answers to your questions by inquiring with the state licensing bureau; at least they can verify if there really is a new guy and what his entitlements are. There are documents on that site that I THINK will help, but you will have some digging to do. Look at the parts that describe rights and responsibilities of builders, then call them.
We've had some real problems with a builder and the agency personnel we dealt with has been very compassionate.
According to the Horry County Register of deeds website, and a quick search on the name of the original builder / developer shows that there is a ASSIGNMENT OF DECLARANT RIGHTS to another builder. The name of the new developer is listed. I have tried to contact him, but never responds. We know that the original builder went bankrupt. Since there was never an official HOA,, we are concerned what will happen in the future when/if he decides to contact all property owners. I was really wondering if this new developer has any rights or powers over existing owners or just the lots he has declarant rights to?
Hmm...outside my scope. However, there is a website called findlaw.com which may have information that helps. Also, I did a very quick google and saw that there was a discussion on Round Table Live that may help. Good luck
Call a lawyer familiar wth land transfers. It may save you in the long run.
Good luck!
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
