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Developer wants to build apartments on association property

Posted on Thu, Jul 12, 2012 @ 07:16 AM
  
  
  
  

Our Condominium Association in North Carolina is the owner of ten acres on which three condominium buildings have been built. There are two vacant parcels the building rights for which are currently for sale by a broker on behalf of the bank who owns those rights due to the bankruptcy of the developer. The Board just got notice of a potential offer from a developer. The developer would like to buy out the Associations rights to the property because they want to build apartments (no change in architecture to be used from current buildings). Said and done it would be condos across a common parking lot from apartments sharing landscaping common areas, an HOA's nightmare. Of course condo property values would suffer. The Board is intending to engage a real estate development law firm to help say "no way." Can anyone advise on legal or financial exposures that the HOA may face beyond attorney fees? What other avenues of recourse do we have? Thank you. Ron

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COMMENTS

I have no answers only best wishes for your condominium.

posted @ Thursday, July 12, 2012 9:27 AM by Lynn


Buy the land. Match the offer of the developer. Let the bank know that there will be legal opposition if they go ahead with this developer. If you need the down payment, check out the resources for condo association loans on this site and locally (possibly "assigning" your assessment income as collateral). Play hardball with the bank to give you financing. Loan yourself money from your reserves.  
 
What is your cost (in property values) of doing nothing vs. paying for the land (even if you do nothing with the land for many years)? Tough times call for tough solutions. Research it and take a vote on it.

posted @ Thursday, July 12, 2012 11:42 AM by JT


I may have misread your post. If you already own the land, then buy the development rights.

posted @ Thursday, July 12, 2012 12:19 PM by JT


JT, 
Currently we own the land with no taxes. Should we purchase the building rights then we have to pay real estate taxes. 
 
Thanks for your feedback.

posted @ Thursday, July 12, 2012 5:20 PM by Ron


Ron, 
How much are the taxes? Maybe the owners would vote for it.

posted @ Thursday, July 12, 2012 5:54 PM by JT


Bank is paying $8,316.00 in real estate taxes a year for the building rights. I believe this is probably for both parcels of vacant land but cannot tell for sure. 
 
Owners would probably not appreciate an assessment increase even though it may be $100-200 a year. Plus, not sure what the state or county would say about an HOA paying real estate taxes.

posted @ Thursday, July 12, 2012 6:33 PM by Ron


Another suggestion. I would look for a law firm that has previous experience with straightening out messy declarant transitions in condominiums with a master association, and knows condominium law and the case law. This isn't something you want the law firm to learn how to do -- they should already have done it. Yours is not the first association to have problems in this area.

posted @ Thursday, July 12, 2012 6:43 PM by JT


I have to say, if the other owners won't pay an extra $100-$200 per year ($8-$16/month) to not have to have double the people, the parking, the hassles over shared property, the loss of view, all the problems that will come if it's developed, then they are not the sort of people you want to share an HOA with. Get out.

posted @ Monday, July 23, 2012 5:21 PM by Really?


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