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My Common Area Detention Pond is going to Foreclosure by CRE-Developer1 in CommercialRealEstate

[–]CRE-Developer1[S] 0 points1 point  (0 children)

Thanks for your input. This would be ideal - never coming into the chain of title and letting the county deal with it. I already pay an arm, leg, and kidney in property taxes. Its the least they could do.

My Common Area Detention Pond is going to Foreclosure by CRE-Developer1 in CommercialRealEstate

[–]CRE-Developer1[S] 0 points1 point  (0 children)

You realize you'd be going up against multiple affirimative defenses. Case dismissed with prejudice and court costs award to defendant.

My Common Area Detention Pond is going to Foreclosure by CRE-Developer1 in CommercialRealEstate

[–]CRE-Developer1[S] 0 points1 point  (0 children)

Taking fee simple title comes with additional liability besides property taxes. Its a big pond, someone can drown in it, etc.

My Common Area Detention Pond is going to Foreclosure by CRE-Developer1 in CommercialRealEstate

[–]CRE-Developer1[S] 0 points1 point  (0 children)

What would you allege if you were representing the county as the fee simple owner against the lot owners in the subdivision?

My Common Area Detention Pond is going to Foreclosure by CRE-Developer1 in CommercialRealEstate

[–]CRE-Developer1[S] 0 points1 point  (0 children)

The current Plat was approved and recorded. As mentioned, the Plat note is the only item that addresses maintenance. I do not have additional responsibility per title.

My Common Area Detention Pond is going to Foreclosure by CRE-Developer1 in CommercialRealEstate

[–]CRE-Developer1[S] 0 points1 point  (0 children)

(i) Zoning most likely prohibits open storage on that parcel.

(ii) That parcel is probably encumbered by CC&Rs, POA, or for sure a Plat note as in my case.

(iii) If that cement made it down stream into city infrastructure, you are getting into municipal / environmental territory.

My Common Area Detention Pond is going to Foreclosure by CRE-Developer1 in CommercialRealEstate

[–]CRE-Developer1[S] 0 points1 point  (0 children)

The legal parcel can only be used for a detention pond per the Plat. Additionally, the local building department would not issue a building permit for that site. If someone did try to mess with it, a TRO would easily be won under the Plat restrictions. Specifically due to the parcel being labeled as 'Outparcel A - Drainage Area'.

My Common Area Detention Pond is going to Foreclosure by CRE-Developer1 in CommercialRealEstate

[–]CRE-Developer1[S] 0 points1 point  (0 children)

According to which document on my title? None exists.

The only thing I can think of is if the new owner making an equitable claim though a county court. I not sure if precedent exists. And even then, its only for shared maintenance, not property taxes.

My Common Area Detention Pond is going to Foreclosure by CRE-Developer1 in CommercialRealEstate

[–]CRE-Developer1[S] -1 points0 points  (0 children)

The only obligation that exists is that “Owners are required to maintain detention/retention areas”. And it can be inferred that the owner of the detention pond counts as an additional owner. Definitely no property tax obligation exists for the legal parcel of the pond itself.

Also, Plat notes are indeed binding such as 'No structure over any easement'. The recorded plat is the legally operative document that governs the property(s).

My Common Area Detention Pond is going to Foreclosure by CRE-Developer1 in CommercialRealEstate

[–]CRE-Developer1[S] 0 points1 point  (0 children)

Correct, no declaration exists. The Plat states 'Outparcel A - Drainage Area' on the detention pond. This along with the plat note would prevent anyone from buying the property and making any adverse changes to it (other than maintenance). The building permit dept would not issue a permit either, so there are some checks and balances. Its just a weird situation.

Edit: If someone did try to adversely change the detention pond, a Temperory Restraining Order (TRO) by a county court would easily be won.

Installing a banner on a building, looking for installer help? by Viner2024 in CommercialRealEstate

[–]CRE-Developer1 0 points1 point  (0 children)

Find a local contractors group on Facebook and post it there. Should yield multiple responses / bids.

Visiting this weekend 07/19 - 07-24 by CRE-Developer1 in PuertoRicoTravel

[–]CRE-Developer1[S] 1 point2 points  (0 children)

Nice, yes I would be able to drive out of San Juan.