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BillW7 (Indiana)
Posts: 3
Posted:
We purchased our home in October 2006. We were the first homeowners in our subdivision and have since welcomed approximately 60 new neighbors. During the buying process as well as over the course of the last four years, we have been promised an amenities center but it has not happened. I have spoken with the VP of the development company as well as managers of our two previous HOAs. Each of them assured me that the center would be built "this spring/summer". I was told this (as well as other homeowners) in 2006, 2007, 2008, 2009 and 2010. The newest HOA management company is a subsidiary of the developer. This past Friday, we received a letter from the HOA that the amenities center would not be built "in the foreseeable future". They reduced our dues from $590 to $540. Does anyone know if we have a leg to stand on or are we hosed? We have an attorney who lives in the subdivision which I will be speaking with later this week. I don't know if this is the right course of action but it sure seems like the HOAs actions are at a minimum dishonest.

Thanks to all!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Bill,

If you have items in writing stating that the amenities center would be built and if the written document could be considered a contract you might have something to stand on. To determine how strong of a case you might have you would need to take the written documents to an attorney and have them evaluate them.

Tim
BillW7 (Indiana)
Posts: 3
Posted:
Thanks for the reply. I have been searching through all of our documentation to see if there is anything. Our covenants refers to the use of the pool in present tense but otherwise nothing.
GlenL (Ohio)
Posts: 5,491
Posted:
I don't know if this is the right course of action but it sure seems like the HOAs actions are at a minimum dishonest.

Not to nit-pick but it would be the Developer's actions since s/he is the one who promised to build it. Unfortunately this is a common occurrence as Developer's go bankrupt or sell out to a new one and the new one is not obligated by past promises.

One other place you might check to see if the Developer is obligated to build the center would be with the local Zoning Board. You and your neighbors should regularly attend the ZB meetings and visit their website at least until transition to know if the Developer is attempting to modify the plans for your community.

Studies show that 5 out of 4 people have problems with fractions
BillW7 (Indiana)
Posts: 3
Posted:
Good point. This was our first experience with a subdivision/HOA. We lived in the country before (oh how I miss it!). Many of the plans that we have seen show the center. The sign at the entrance of the neighborhood states "Pool, Playground, Walking Trails, Soccer Fields...". Not sure if that is "in writing" but we sure feel beaten.
GlenL (Ohio)
Posts: 5,491
Posted:
I know what you mean, there is a large campground about 50 miles from here built back in the 70's as they sold the lots the developers promised the moon. Then just before it was time for them to deliver, they went bankrupt and the new people said, we didn't promise you these things but here's what we'll do. It went through several cycles of that before it was finally built out.

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

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