Passage of Common Area Titles
QUESTION:
As was stated in one of your answers, passage of title to common areas is sometimes overlooked. What remedy other than going to court exists when a Declaration does not provide for formal conveyance of title and declarant ignores requests?
ANSWER:
Declarations often do not provide for the conveyance but it is generally shown on the subdivision plat as common area to be conveyed. The developer may be paying taxes on a parcel not conveyed. If the developer cannot be induced to cooperate, then a suit is required. If you contact the developer's counsel first, it might produce better results. Once the suit is filed and the developer seeks counsel, you will likely get a deed promptly. This process shouldn't be too expensive.
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