I am part of a 26 lot subdivision made up of mostly double wide mobile homes. The contract we signed stated that we were to pay monthly or annually for road maintenance fees and clear water discharge. We were all paying the dues and nothing was getting done to the road. The contract also states that ”at such time as , some name, has sold outright 51% of property and does not hold title to, there will be an election of officers to take over and run the association. We have about 65% of the lots sold and we have already gotten with a local attorney and filed our officers of the association in the court house. We have been collecting the money and paving the road with gravel. All expenses can be accounted for with receipts. Now the original owner has served us all with papers from an attorney stating we owe him for every lot we own for the past 2 years road maintenance plus $250 per lot for attorney fees. All our actions go according to his contract, and all the money is on the road in gravel. My question is the way the contract is worded, he financed some of the lots personally. If the lots are not fully paid off, according to the contract, does he still ”own” and have rights to those lots to keep us below the 50% mark?
subdivision rights I am part of a 26 lot subdivision made up of mostly double…
Re: subdivision rights
If he “sold” the lot and did an owner finance agreement, then the lot belongs to the purchaser. If he did a “bond for deed” sort of arrangement, then the title does not pass until the amount owed is paid off. You have an attorney, go with what he says.
Nick Pizzolatto, Jr.
Pizzolatto Law Office
2771 Paul White Road
Lake Charles, LA 70611