Can you quit claim a property to somebody who does not want it or to a business that is no longer active?

UPDATED: Oct 1, 2022

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Can you quit claim a property to somebody who does not want it or to a business that is no longer active?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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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