Questions for When Developer is in Charge of HOA

Started by KittyC • 3 replies • 1342 views

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KittyC (North Carolina)
Posts: 22

Posted:

When the developer is in Charge of the HOA:

1) Do homeowners have a right to be informed of or have a say in how the HOA dues are spent?

2) Do homeowners have to be notified about any decisions made by HOA and/or transition committee?

3) What can be done if covenants are only enforced against homeowners who are complained about, but not ones who are not complained about?

4) How can homeowners find out about other problems associated with the developers other communities?

RobinS1 (Louisiana)
Posts: 10

Posted:

I noticed noone replied....so I will tell you that I lived here for a year with developer in charge adn was not paying dues, or told to pay dues.

RogerB (Colorado)
Posts: 5,067

Posted:

When the developer is in Charge of the HOA:

1) Do homeowners have a right to be informed?
yes
have a say in how the HOA dues are spent?
very little to none

2) Do homeowners have to be notified about any decisions made by HOA and/or transition committee?
maybe, depending on the association documemts

3) What can be done if covenants are only enforced against homeowners who are complained about, but not ones who are not complained about?
file a complaint

4) How can homeowners find out about other problems associated with the developers other communities?
You could try talking to their homeowners; but what would this accomplish?

PaulM (Pennsylvania)
Posts: 1,347

Posted:

KittyC:
Check your covenant document on the distinction of a Board made up of the declarant and 'those he can appoint' while he is still in 'control' vs. a Board to be established/elected from HOA residents once the association is 'turned over' (usually after all units are sold/settled).
If you log onto Community Associations Network (in yellow to right of this screen) and key in your state, you can bring up document giving state regulations on Planned Community, Chapter 53 (Title 68), Mgmt. of Planned Community/Section 5303 (Exec. board members & officers) which describes declarant control and the responsibilities and time period until there is to be a Board established of homeowners only.
PaulM

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