Real Estate related. Own a cabana, no other unit. Legal access available?

Real Estate related. Own a cabana, no other unit. Legal access available?

TonyInClearwater	3/23/2008 6:37:23 PM
In a certain county in Florida there are several (4-5) 'Pool Cabanas' available for purchase from the county. These are made available for purchase for back taxes owed. Once purchased from the county, the purchaser would hold a 'Tax Deed'. Each of these Cabanas is in the same condo development where 'non- cabana' standard 1-3 bedroom units sell for about $250k to about 1 million dollars. Ordinarilly it is not possible to purchase a Cabana unless you already own a standard unit in the building. Ordinailly when a purchase is made in that building the purchaser must pass an interview. The board would NEVER approve anyone to own a Cabana if they did not already own a 'standard unit'. In the legal description for the each cabana it states that the cabana owner also owns a small interest in the 'Common Elemets' of the condo development. SO... Here is my question. If I purchase a cabana along with the included percentage ownership of the common elements, can the condo association legally prevent me from accessing my cabana and the common elements of the property? Please let me know. Email TonyInClearwater --AT-- yahoo.com



"Reality_Check©"	3/23/2008 9:44:57 PM
"TonyInClearwater" <tonyinclearwater@yahoo.com> wrote in message news:fed2406c-2cd8-4ded-b982-966d5a421903@x41g2000hsb.googlegroups.com... In a certain county in Florida there are several (4-5) 'Pool Cabanas' available for purchase from the county. These are made available for purchase for back taxes owed. Once purchased from the county, the purchaser would hold a 'Tax Deed'. Each of these Cabanas is in the same condo development where 'non- cabana' standard 1-3 bedroom units sell for about $250k to about 1 million dollars. Ordinarilly it is not possible to purchase a Cabana unless you already own a standard unit in the building. Ordinailly when a purchase is made in that building the purchaser must pass an interview. The board would NEVER approve anyone to own a Cabana if they did not already own a 'standard unit'. In the legal description for the each cabana it states that the cabana owner also owns a small interest in the 'Common Elemets' of the condo development. SO... Here is my question. If I purchase a cabana along with the included percentage ownership of the common elements, can the condo association legally prevent me from accessing my cabana and the common elements of the property? Have you owned the Tax Certificate for that cabana for 22 months? Or is someone else who's held the Certificate demanding the sale? Until you convert a Tax Certificate to a Tax Deed (after 22 months) you have no ownership/possessory interest in that property. If you obtain the Tax Deed, you own it, and according to Florida Statute 197.562, the grantee of any tax deed shall be entitled to the immediate possession of the lands described in the deed upon payment of successful bid amount. Please let me know. Email TonyInClearwater --AT-- yahoo.com



"David L. Martel"	3/24/2008 8:44:23 AM
Reality, the grantee of any tax deed shall be entitled to the immediate possession of the lands described in the deed upon payment of successful bid amount. I suspect that land is the problem here. He's bidding on a structure but not the land under it. He needs to be sure that the condo will not obstruct removing his cabana. Dave M.



"_ Prof. Jonez _"	3/24/2008 10:56:01 AM
David L. Martel wrote: Reality, the grantee of any tax deed shall I suspect that land is the problem here. He's bidding on a structure but not the land under it. He needs to be sure that the condo will not obstruct removing his cabana. One doesn't need to own "the land under it" to have deeded ownership in a condo space. One has a right and title to the air space defined by the interior walls of that condo. If the cabana is deeded separately and taxed separately as real property, whether it be condo, townhouse or detached, the purchaser of a Tax Deed from the county will have the same ownership right and interest as the original owner, subject to whatever liens survive the Tax Deed sale, per Florida statute. Dave M.



"David L. Martel"	3/25/2008 7:36:45 PM
Prof. It's not clear that he's bidding on a "condo space". He says he's bidding on a cabana, which might be a fancy tent near the pool. Or maybe some more permanent free standing structure. Or maybe an attached room at the club house. He really needs to tell us what he's bidding on. The attached room might be condo space. But the other things? Good luck, Dave M.



"_ Prof. Jonez _"	3/26/2008 1:53:50 PM
David L. Martel wrote: Prof. It's not clear that he's bidding on a "condo space". He says he's bidding on a cabana, which might be a fancy tent near the pool. If it's DEEDED and Taxed as Real Property, it's either Condo, Townhouse or Detached Real Property. Tents near a pool, fancy or otherwise, aren't normally deeded Real Property subject to discrete Real Property taxes, nor the foreclosure thereof, OTOH if they are, then they are Real Property i.e. Real Estate and either come with Freehold or Leasehold interest in the land or air-space defined by the Real Property Deed. If he's purchasing a Florida Tax Certificate that's to be converted into a Florida Tax Deed per statute, then he is talking about Real Property. Or maybe some more permanent free standing structure. Or maybe an attached room at the club house. He really needs to tell us what he's bidding on. The attached room might be condo space. But the other things? If you don't know what you're talking about, it's best to remain silent lest you prove your ignorance to the world.

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