quitclaim deed validity/effectiveness?

[onelesskaren]

Hi - I represent a poor, small & new Homeowner's Association in a rural subdivision with a long history of water system problems. The water system was owned & operated by a wealthy property owner for over 20 years. He did not upgrade the system to meet DEQ requirements or basic safety needs (hydrants don't work, no second well, grossly insufficient storage). In February of 2007 he quitclaim deeded the system to the HOA. One board member apparently "accepted" the transfer (no formal acceptance is needed in Montana, only contact info) without discussion or permission. In addition, the HOA was not a legal entity at the time of the transfer due to documents not having been filed, so the deed was to a non-existent organization. Was this transfer legal? How do we "give it back" or reverse the transfer, if possible? Any help greatly appreciated!

 

[seniorjudge]

Only a court can tell you if the conveyance was effective.

You can quit claim it back to him.

However, that doesn't solve your water problems. The public utilities commission (or some other bureaucracy) could just shut the whole system down.

 

[onelesskaren]

"only a court can decide..." - does this mean a suit of some kind, or can it be a simple "please take a look at this document" sort of thing? Our funds are extremely limited, but if our attorney could do this on his own it would be relatively inexpensive.
Yes, we know it won't fix the water system, but it may make him responsible for upgrades. Thanks for the advice!!

 

[seniorjudge]

can it be a simple "please take a look at this document"

Yes. That is called a lawsuit. It can take years and cost thousands of dollars.

 

[lwpat]

Delivery and acceptance are two different things. Only the board could "accept." That requires a meeting and vote. I would suggest a lawsiut against the "wealty" owner and also trying to work with your local govt. agencies for a grant to upgrade the system.

 

[seniorjudge]

Delivery and acceptance are two different things. Only the board could "accept." That requires a meeting and vote. I would suggest a lawsiut against the "wealty" owner and also trying to work with your local govt. agencies for a grant to upgrade the system.

wealty?

Who was that...Elmer Fudd?