CarolW1
Posts: 4
Posts: 4
Posted:
What can you do if a Builder is the HOA and he does not follow the By-Laws Covenant of our community?
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TimB4 (Virginia)
Posts: 21,005
Posts: 21,005
Posted:
Carol,
Who is in charge of the Association, the homeowners or the developer?
Tim
Who is in charge of the Association, the homeowners or the developer?
Tim
JanetB2 (Colorado)
Posts: 4,213
Posts: 4,213
Posted:
Hi Carol:
Your documents themselves will be the controlling factor at this time for your HOA. There is proposed legislation to enact a Homeowner’s Association Act, but it currently is not in effect. Otherwise you would need to go to the state legislature site and do searches regarding “developer”, “declarant”, “subdivision”, etc. and weed through statutes. Here is a link for the proposed South Carolina Homeowner’s Association Act, but it is proposed (if passes) to be effective January 2012:
http://www.scstatehouse.gov/cgi-bin/query.exe?first=DOC&querytext=homeowner&category=Legislation&session=119&c6292700&result_pos=0&keyval=1190218
Usually the developer is mostly in control until X number of units/lots have been sold or X number of years. In your case this information must be in your documents and which those of us on this website cannot view. If you have a certain section you have a question regarding you could potentially post the exact wording, and we could maybe help answer a question.
You might send a Certified Return Receipt letter to the developer listing the supposed violations from your documents and request a meeting of all parties to discuss the issue and how to resolve. If that does not work then you may need to potentially consult an attorney.
Your documents themselves will be the controlling factor at this time for your HOA. There is proposed legislation to enact a Homeowner’s Association Act, but it currently is not in effect. Otherwise you would need to go to the state legislature site and do searches regarding “developer”, “declarant”, “subdivision”, etc. and weed through statutes. Here is a link for the proposed South Carolina Homeowner’s Association Act, but it is proposed (if passes) to be effective January 2012:
http://www.scstatehouse.gov/cgi-bin/query.exe?first=DOC&querytext=homeowner&category=Legislation&session=119&c6292700&result_pos=0&keyval=1190218
Usually the developer is mostly in control until X number of units/lots have been sold or X number of years. In your case this information must be in your documents and which those of us on this website cannot view. If you have a certain section you have a question regarding you could potentially post the exact wording, and we could maybe help answer a question.
You might send a Certified Return Receipt letter to the developer listing the supposed violations from your documents and request a meeting of all parties to discuss the issue and how to resolve. If that does not work then you may need to potentially consult an attorney.
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