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If common areas in a housing community are still owned by title by the developer never titled to the Home Owners Association who is responsible for the upkeep and liability of those common areas?

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This is not a legal answer; your answerer is not an attorney.

If the association can verify that title remains in the developer's name, the association may be able to recover costs it has expended to keep up the common areas. Legal counsel is required to take action against the developer.

The key element in your question is liability.

You can ask your master insurance policy broker to verify that the association is paying premiums to cover liability in the common areas, and if indeed, as above, the title remains in the developer's name, the association should be able to pursue the developer to recover the costs of these premiums.

The association's counsel can assist you, and answer your question in particular, given evidence the association can retrieve.
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