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  1. #11
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    Nov 2013
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    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    It's pretty clear that that only lot owners are allowed to own a garage. The definition of a person can mean what the definition in the CC&Rs defines. Likely a natural person, a corporation, or an LLC. But they still must be a condo owner.

  2. #12
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    Jan 2006
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    38,727

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    The ownership of a Garage Lot is subject to the
    following limitation: A GARAGE LOT MAY ONLY BE OWNED BY OR CONVEYED,
    TRANSFERRED, LEASED, RENTED, LICENSED, OR OTHERWISE ASSIGNED TO A LOT
    OWNER, AND MUST BE USED EXCLUSIVELY BY RESIDENTS OF THE PROJECT.


    not only must the garages be owned by one who also owns a lot within the development (a corporate entity would typically qualify) the use of the garage must be by only a resident of the development. That preludes the units from being rented to outsiders as storage units.

  3. #13
    Join Date
    Jun 2019
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    16

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    thanks budwad. well, more interesting TWISTS to this saga.

    my realtor has been researching all this and just found out the developer sold the LLC an office in the basement of the clubhouse before they sold them all these external garages. of course it is an empty office that I am sure they never occupy. this was to MAKE IT ABIDE BY THE RULES OF THE HOA.

    and also, the realtor for seller of the townhome (those who sold it to me) has managed to track down the original realtor who assisted the very first townhome owner with his purchase and she said the external garage absolutely was included with the sale of the townhome. and she also said she believed the developer sold all the external garages.

    I will keep you posted on this one. this seems like the actions of the developer are a bit crazy. but I think the reason it happened is the turnover at these townhomes is quite high. there is likely no original owners still living here (probably not even 2nd owners). and close to half the units are rentals (even short term) which means people buy them as an investment and don't even move in. I think the developers decided if they wait long enough and ownership changes often enough (along with renters changing) then they can probably just sell all the external garages outright (since they never gave up the deeds).

    oh, one thing. I do think the LLC is renting the garages out to people who live within the HOA. they've broken enough other HOA LAWS (or come close) that I don't think they will try to rent the units out to people outside the HOA (not for a while at least). but then again, there are so many renters here (and the LLC knows it) that nobody is going to complain.

  4. #14
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    Jan 2006
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    38,727

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    The chain of title should be easily discovered by researching deeds at the county recorders office, or whatever office does that in your state.


    Regardless, if it is not included in your purchase, it matters not when it as disassociated from your property. It still won’t be yours since the seller in your deal didn’t sell it to you.

  5. #15
    Join Date
    Jun 2019
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    16

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    the deed to the external garage never changed hands. the developer has owned it for 13 years (since they built them) up until a few months ago when they sold all external garages to the LLC. but the developer appears to have SOLD the external garage to the first townhome owner. the original purchase contract stated such (supposedly). and when the first owner purchased the townhome, they also received a remote to the external garage (just like I did) and began freely using the external garage day after day, week after week, month after month, year after year. again, no one has been able to get that original purchase contract from the original townhome owner. but his realtor has backed up what he said and she is looking through her paperwork for documents from that original purchase showing the external garage was included in the purchase of the townhome.

    the easement law (I think that is where if you use someone often enough for long enough, you can either 1) claim ownership to it......or.......2) not claim ownership of it but still have a right to use it indefinetly...............is 20 YEARS. so I would say there is no way that could apply in this instance.

    the developer sold the townhome (the first time) and included the garage in the purchase contract but never signed the deed over to the new owner. they did this at least once and maybe a bunch of times. of course the reason they would do this is having an external garage would sell the townhome for a higher price. why the developer never have the deed to the new townhome owner I do not know.......that is the million dollar question. HONEST MISTAKE? not sure.

  6. #16
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    Jan 2006
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    38,727

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    If there was no deed transferring the garage it was not sold to anybody. It really is that simple. Even if there was an original contract stating the garage was part of the first sale, unless it is proven by a deed transferring title it is moot.

    If the first purchased had issue with the situation they had the standing to address it. No subsequent buyers have such standing. Title remains in the hands of whomever the chain of title says it is.

    for all anybody knows there was a last minute change in the sale and the garage was removed from the sale. It would be up to the original purchaser to address that.

    If no subsequent sales included the title to the garage, it supports the fact the garage was knowingly not transferred to the first buyer intentionally. You donít have that many sales and nobody catches the fact the garage is not being transferred if it is actually part of the sale.

  7. #17
    Join Date
    Mar 2013
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    17,062

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    Quote Quoting bray1970
    View Post


    I have been feeding all this info to my agent. but If a lawyer tells me they have some responsibility
    for the loss I currently have, I will give them an ultimatum. "either get me the deed back (if you think
    you can) or pay me some compensation (if you are partly or fully responsible for my loss)". I feed them
    all this info and tell them "you gotta run this stuff by a lawyer to at least get an idea of what legal options are
    out there and they just won't do it." they tell me the state real estate association has a legal hotline they can
    call and that is who they are calling. but no one has gotten back with them. I guess maybe they have decided
    either 1) their don't bear much (if any) responsiblity in my loss.........or 2) they just don't think I will take legal action (I actually
    have known the real estate agent a long time (family friend who is very honest) so they do nothing. my agent is working
    very hard but can only do so much. the listing agent went on a 3 day vacation (she was suppose to be tracking down this ORIGINAL PURCHASE
    CONTRACT from the original owner of my townhome). so she clearly isn't to worried about it all this. my agent has
    already admitted fault on his part. and he told me everyone made mistakes in this (buyer, buyer agent, buyer broker, seller,
    listing agent, listing broker). but he would not admit anyone was financially liable (I did not try to coax that type
    of confession out of him).
    You're very naÔve if you think your agent is going to do anything but pay lip service to your situation.

    The bottom line is YOU DON'T OWN the garage. The deeded ownership trumps everything you have posted and it is highly unlikely that any judge is going to unwind it.

    The best you can hope for is to seek compensation (dollars) for your loss, from somebody, and for that you are going to have to resign yourself to hiring a lawyer who will figure out who to sue.

    You might not like reading this, but if you aren't willing and able to hire a lawyer, no amount of talking and finger pointing is going to get you a nickel.

  8. #18
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    Nov 2013
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    6,338

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    Quote Quoting bray1970
    View Post
    the deed to the external garage never changed hands. the developer has owned it for 13 years (since they built them) up until a few months ago when they sold all external garages to the LLC. but the developer appears to have SOLD the external garage to the first townhome owner. the original purchase contract stated such (supposedly). and when the first owner purchased the townhome, they also received a remote to the external garage (just like I did) and began freely using the external garage day after day, week after week, month after month, year after year. again, no one has been able to get that original purchase contract from the original townhome owner. but his realtor has backed up what he said and she is looking through her paperwork for documents from that original purchase showing the external garage was included in the purchase of the townhome.

    the easement law (I think that is where if you use someone often enough for long enough, you can either 1) claim ownership to it......or.......2) not claim ownership of it but still have a right to use it indefinetly...............is 20 YEARS. so I would say there is no way that could apply in this instance.

    the developer sold the townhome (the first time) and included the garage in the purchase contract but never signed the deed over to the new owner. they did this at least once and maybe a bunch of times. of course the reason they would do this is having an external garage would sell the townhome for a higher price. why the developer never have the deed to the new townhome owner I do not know.......that is the million dollar question. HONEST MISTAKE? not sure.
    What does the CC&Rs say about unit owners renting their property?

  9. #19
    Join Date
    Jun 2019
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    16

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    thanks for the info.

    one more question. what if the HOA has been paying property taxes on the external garages for 13 years and not the developer?
    I take it that is irrevelant. and when I mean irrevalent, I mean that would not change who has rightful ownership of the external garages (the LLC)?
    again, I do not think the developer is that stupid but that is what I am researching right now.

    I've pretty much written off getting the garage back. the one thing that might change that is if a bunch of original contracts appears showing the developer
    had already sold most the garages and the developer was looking at some major crimes jail time for selling these external garages twice (or at least pretending
    to sell them twice and I know you can only really sell something once). the only thing that might do is force the developer to buy all the garages back from the LLC (for
    a premium I would imagine) and deed the garages all back anyone who had an original contract showing the townhome they purchased would receive an external garage.

    one thing that could fundamentally change everything is exposure in the media. if a dozen or so original contracts appears showing the garages were already sold (or suppose to be sold) that would probably be enough for the media to cover the story. and it would not look good on the developer. just threatening to leak the story (along with a bunch of original contracts showing what happened) to the local news might cause them to act. it would be a juicy story. you got the BIG GUY (the developer) against the little guy (a bunch of lower class townhome owners). the media loves to pit the have's against the have not's.

    here is another interesting angle. say a bunch of real estate agents come forward stating they helped a buyer purchase a townhome in this HOA 13 years ago and it
    was suppose to come with an external garage (and they end up finding a few original contracts to back up their statement). there might not be any legal recourse in court. but could the MLS my state BLOCK the developer from listing any future homes on the MLS. that would scare them probably more than anything. it's almost impossible to sell residential real estate for a decent price without using the MLS isn't it? I'm sure this is a very unlikely scenario.

    CC & R is very friendly toward renting. I was told over 1/2 the units are rented. and even short term renting is allowed (only a few months) if you
    allow the HOA to screen and choose the tenant.

  10. #20
    Join Date
    Jan 2006
    Posts
    38,727

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    The MLS has nothing to do with this and won’t take any action as suggested.

    Its also unimaginable to believe all the garage units had been sold to condo buyers but not transferred to them. The lenders wouldn’t have allowed that. Buyers wouldn’t stand for that. It just wouldn’t happen

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