Does Builder have to pay assessment to HOA

Started by TannyaH • 3 replies • 1766 views

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TannyaH (Georgia)
Posts: 3

Posted:

I live in a small community. 76 lots, 38 homes built at this time. our CCR states
"the board shall cause the general assessments to be levied against each lot"..
The builder that owns all vacant lots says that the $200 per yr assessment is only due from occupied lots yet our CCR states "each lot" and says nothing about the lot having to be occupied. We have an HOA and the builder is the Pres, with the other 3 positions being held by homeowners. The builder is also a homeowner in the neighborhood.
Part 2 of this is voting rights. Our CCR states "members shall be entitled to one vote for each lot owned". So, does the builder get a vote for each vacant lot that he still owns?
Thank you,
Tannya

RogerB (Colorado)
Posts: 5,067

Posted:

Tannya, if there is no qualification at the end of the sentence you quoted, such as once a house has a certificate of occupancy, then the developer needs to pay on each lot from the day the Declaration was filed and lots were defined.

The developer should have one vote on each lot owned on which they have paid the assessment.

TannyaH (Georgia)
Posts: 3

Posted:

Thanks Roger. So, if I understand, then if I own 2 lots but only pay the assessment on one lot, I only have one vote.

Tannya

RogerB (Colorado)
Posts: 5,067

Posted:

Tannya, you are correct one lot one vote and owners who are delinquent are not allowed to vote (unless your Declaration does not state only members in good standing are allowed to vote).

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