Can you quit claim a property to somebody who does not want it or to a business that is no longer active?
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Can you quit claim a property to somebody who does not want it or to a business that is no longer active?
In brief, I was pres of an HOA. An election was held and a new president took over. They did not file paperwork to keep the HOA as an active corporation. Later, the HOA did not pay property taxes. An outside person bought the property from the county which the HOA did not pay taxes. Keep in mind the HOA as a corporation is no longer officially active. Then 2 years later, that same person filed a quit claim to give the property back to the HOA. Nobody from the HOA signed for it, frankly we don’t want it. Now there is a code violation on that property, and the county is coming to me to rectify the
situation. About 18 years ago, I was the president of that defunct HOA. There is a hearing in 2 weeks to determine my liability. How do I fight this? Should I approach it with the idea of them assigning the property back to a corporation which no longer exists or the fact that I have not been acting as the president of the HOA for all these years.
Asked on January 23, 2018 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, you cannot force anyone (including an HOA) to take property against their will, whether by quitclaim or otherwise. If you can show that the property was never accepted back or agreed to be taken back, you and the HOA should not be liable.
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