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ChrisV (Georgia)
Posts: 5
Posted:
We are a small 55-home subdivision in N. GA. The developer has been inactive for several years and we are about 55% built out. We have been asking for more control and he has finally agreed to give us control of the HOA. However, now he says his attorney will "put together" a book of all the POA documents for us but that we have to pay for her time.

I told him we did not need a book, and to just give us the documents, that they were oour documents already, that being the POAs.

Now he says the attorney states there will fees due as reimbursements for filing fees of several hundered dollars.

What could we being the POA have to pay in the way of filing fee reimbursements? The developer had to establish the POA to build but why should we have to pay or reimburse any previous filing fees???

Thanks
GlenL (Ohio)
Posts: 5,491
Posted:
Because you want something that he doesn't have to give you. What do your documents say about turnover? Usually it is when a certain percentage of homes are built or after X number of years. You (the homeowners) should chip in and hire your own attorney to review this to make sure you're not buying a pig in a poke.

Studies show that 5 out of 4 people have problems with fractions
ChrisV (Georgia)
Posts: 5
Posted:
That's never gonna happen, that is paying for an attorney. Its a small POA with no amenities and the majority of the residents have never lived in a HOA or POA and think the 225 a year is criminal as it is.

The documents state that turnover can occur when hes' 100% complete, at anytime in writing or after 5 years from the initial date of the filing of the covenants with the county. The 5 years is up next April.

I can not see why, we would have to reimburse him for any previous filing fees to establish the POA as its a requirement under the development regulations anyway. Its part of doing business, we should not have to reimburse him because the market took a crap and now he's going backrupt either.
GlenL (Ohio)
Posts: 5,491
Posted:
Chris do as you want but trying to negotiate turnover of a half built out HOA is akin to bringing a knife to a gunfight. You need to make sure just what you are taking control of before you find that you have obligated the HOA to paying for the builders loses.

Studies show that 5 out of 4 people have problems with fractions

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