Adverse Possession in an HOA community

From the minutes of my HOA board of directors for May 2017 it is written:

…..Report on legal foreclosure of Shoemaker property at …… On track, will report as status progresses…..

The following is my  (hank springer) understanding and opinion about this issue:

Some years ago Mrs. Shoemaker died as a result of a motor vehicle accident , Summer Trees Rd. and Taylor Rd. (the  intersection at the bank).

Ownership of the unit reverted to her relative who lives up north in some state.

For a number of years the HOA assessments on this unit had not been paid.

An elderly lawyer and his wife moved into the unit claiming an “adverse possession”.

My HOA attempted to contact Mrs.  Shoemaker’s relative, and either could get no reply or perhaps he replied that he was not interested in the real estate.

I do not know if the new occupants of this real estate attempted to contact the heir owner, but the couple now living in the unit offered to pay all back assessments, which I think  at that time amounted to four years of past assessments.  My HOA refused to accept the offer from this couple to pay all back assessments and future assessments for the period that the couple will be living in the unit.

My HOA legally moved to evict the couple from the unit, and the occupants fought the legal action in a number of court appearances .  I would imagine that my HOA has spent a considerable amount of attorney fees to evict this couple.

My opinion on this issue follows:

  1. The couple appears to be very nice, over 55 years of age, and its offer to pay all assessments in the rear and be up to date on future assessments seems to me should be eagerly accepted my HOA considering that the  heir will not pay, and a number  of other assessments  liens in this community are not being paid.
  2. My HOA does not own the unit. If the heir owner has no problem in an “adverse  possession” of the unit, and as FPL does not care who pays the bill, why is it necessary for my HOA to evict an elderly couple who is in a position to pay assessments, take care of the unit, and become interested people in our HOA activities?
  3. As I understand it, if this elderly couple is evicted, there is no interest in the heir to either start paying assessment fees or up keep the house and property.  Could it be suspected that some party in our HOA or associate of our HOA may have plans or intentions of somehow acquiring said unit at a very cheap price?

Please contact me for publication if anyone has a correction to make about this issue, or can offer arguments to evict this elderly couple.

Sincerely and Honestly, Hank Springer, 6 23 17

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One thought on “Adverse Possession in an HOA community

  1. My question would be….how did this couple find out about the house and who gave them the keys to get in? Did they break in? Has the relative been served proper notice that they will lose the house? I can’t imagine someone not wanting to to be informed and if that relative is deceased, shouldn’t their heirs know about the property?

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