obligation to pay sustenance and the obligation to build there is nothing in the declaration best i can tell or maybe it isn't there because it's not part of this case back requires a builder to build a look at it you're talking about the closing build out stores very well there as soon as i mean if you read that there have been ten or whatever that number of people that are done and if the others don't get finished then your entire room but there are some on its reliance on final plat it didn't even have to go that far all i had to look was a plain language of the definition assessable file which only refer to the building schedule for any given doesn't matter what you call that you could call that building to use them so why would you if there were roads in this area in pot three in pile eight why would you plow the roads where nobody would use them well again if there weren't roads they are used because i'm assuming  assessment lots and they pay the assessments on the settlement of that case so what's the obligation of the purchaser to undertake that obligation is the obligation that is the government according to the definition  whenever you enter into a contract you are offsetting financial risk just because something hasn't happened and hasn't happened from a financial point of view if i was a defense that would be a defense in ninety nine percent of all contract cases there never currents so there was an actual activity i do vision a record being a building it went way beyond where we are here so how is it so  we've got some new rules and regulations of no waterfront you know marshlands and things of that nature and you can't have two hundred ninety five lots you can only have two hundred do we have a different situation  we need to have a schedule of when those lots will be sold and if they aren't sold then we have to know how many to charge once the lots are there and that's a good excellent point you're reaching here because if you look at the very last sentence of the first paragraph can't have a lot without a lot we can't have it assessable out in the trial of course correctly determine that by looking at the entire declaration not just section four of article five but the definitions for section one the final and as you can see from  g but i'm standing here with a different story but that's not where we are today well are you standing here with a different story if you get a final plan and you develop ten and now you are obligated to pay for things according to the shortfall the other we're fifty thousand dollars i'm going to tea pots there's nothing there this is just grass there's nothing government not so i mean their position is the positive part of the bigger subdivision over which they have responsibility and you'd be paying vacuum strickly at this one paragraph you looked at the entire declaration in reaching his decision and that decision is correct because it utilizes where the lot is in also utilize with the the the declaration requires a final platting a number of different of within three months and why they chose to do that is something that we can't answer for i don't know why they did that they shouldn't have because this declaration doesn't require that they do that they chose to be made a decision to pay them and so they were paid up to a certain point in time and then you came along or your client came on and that's where the disagreement starts the yeah i don't know what was going on  problems there is a road there is a clubhouse but you can also really it's a matter of contract not a matter equity and a contract or declaration stage you look at the chart you don't look at a final plat you don't look at whether or not it's so while you look at the ignoring the rest of the paragraph the trial court didn't even say that the trial court said but for a final plat the plaintiff wins this case and is entitled to all the money it is owed what we can affirm on any basis found in the record correct we don't have to ground of contract interpretation is the system a fetish if that is the specific governs over the general most of this does address situations where property is owned by an individual homeowner as all the developer property out there is right now however this provision makes specific reference to the chart for property that has not yet closed therefore the tr