New Homeowner Concern

I would first like to say what a great site. I see that i'm not the only person with problems. Anyway, this is the first time i've lived in a community with a HOA. Yes I received the by laws at closing and i've read through it numerous times, what I havent been able to find out is who's incharge of the HOA. I was once to by one of the builders that he owned the largest number of lots in this new subdivision, and that he invested the most money, but the other homeowners and I have not been able to get any information from him. We were suppose to have pool, clubhouse and play area for the kids and I've been here for 6 months and we have nothing, i'm alittle upset because i've paid my dues as did everyone else and we have nothing and no answers. I hear that our dues are suppose to increase in 07', but for what? We haven't been able to use what we were promised. I really don't understand how this all works, but i'm concerned because i dont know where or who is in control of these dues and what they are doing with them. It is my understanding (from a lawyer) that we should ask for the books so that we can see what is going on with our money, and upon asking we are entitled to see the books, and because they have not been given to us, raises a few concerns. It was also explained to me that the builders can and in many cases run up IOU's that would have to be paid by the HOA once/when it is turned over to us. now I really have concerns because who know what i will have to pay then. I'm not sure what I need to do or where I need to go to get some information. Is there anyone who can possibly point me in the right direction.
Oh, I there a certain amount of house in the development, or time frame when the HOA is turned over to the Homeowners so that we can have our elections. No one seems to be able to give us any informaton on that. We are lost. We need help.
I welcome any information that you can give me.
Sorry this is so long
Thank you

KimC1,

I’m learning day by day of all the “dos” and ‘don’ts” of an HOA. I don’t have any advice to give. I hope to give you and others who read your post ideas that may prompt other questions that will help you.

You may want to use the search box in the right hand side of this page and search here for previous discussions on Transitioning.

If the developer is indeed still in control, then yes I would think he is responsible for these “false promises” (amenities). I think he would have to show you a budget for the fiscal year as well. I don’t believe he can legally continue to raise your assessment. As you said “for what”

Are the roads in the community privately own or are they publicly owned? Who maintains your streets and roads throughout the community? Do you have a gated community?
Is the community been developed enough to where the neighborhood has been turned over to the appointed board (resident)? Do you have an elected board of directors (BOD)? Do you have covenants, conditions, and restrictions (CC&Rs)? I know my By-laws discuss when the responsibility is no longer the builder’s obligation, but when it is the responsibility of the appointed board (BOD)

Keep us posted as too how things good for you
Chuck W.