POOL/BUILDER

Hi Arnie,

Welcome to the forum. We don't have a pool within our development but I'll try and offer some advice to what you posted.

We have asked for several years now for a pool cover for our neighborhood pool

Even if the developer was not in control, this would be an issue of "do we have enough money" to buy it.

I would suggest that someone does some research and give estimates on the cost benefits in having a cover vs. not having a cover, as this could sway any board.

Just this year we were told we could elect a board member because we finally have enough people in the neighborhood.

Good. The Developer would still have the votes to make the decisions. Therefore, the individual should use this opportunity to learn about what is going on and how things work. They can also be a representative of the concerns of the membership.

some one in our neighborhood called the health department to have the pool inspected before it opened this year kind of as a stab at the builder since there is no cover the floor gets very ruff on your feet. This opened up a whole can of worms . . .

Yep be careful what you ask for. What the homeowners need to understand is that they are all part of the Association. It doesn't matter who is in control If the Association has issues then the homeowners are affected. It's best to try and resolve those issues internally.

Unfortunately, sometimes you need to call in an outside authority to address the issue. When this happens, that authority usually looks at everything and not just one item. Similar to having a building inspector look at your new deck. They might show up to inspect the deck, but if they see something else wrong, they have to report it and the homeowner must address it.

After looking over some of the financials there are strange fees?
Can we audit them with our own accountant to make sure we are not paying for builder display model homes landscaping, lighting ect?

You can request the Association perform an audit but typically one isn't done until the turnover. Therefore, individuals would need to request to see and/or copy the financials and pay someone to audit what was provided from their own pocket.

Why wouldn't they get the pool in order it is a huge selling point for them why should we have to pay to get it fixed?

I expect that when you say "they" you mean the developer. Technically, the developer did his responsibility when they built the pool. The maintenance and any additions to it would be the responsibility of the Association. The Association is made up of the homeowners. You will do yourself a lot of disservice if you believe that the Association is a separate entity. The membership consists of the owners of the lots. The money comes from the owners of the lots. Therefore, its the owners of the lots that need to decide how much money to collect and how to spend it.

One more thing the one board member dropped off the board in fear of being SUED?
So now builder has total control?

The Association should have what is called Directors and Officers Insurance that would defend the members of the Board. Expecting that this insurance is in place, the board members would be protected. NOTE: if the Association is sued, then the membership (i.e. the homeowners) will need to initially pay any legal fees and anything awarded above the insurance limit.

As I said earlier, the Developer is in control if that individual sat on the board or not, as they control the votes to make the decision.

I would suggest that you step forward and contact the Developer to see about filling the vacancy on the Board. You will learn a lot in the process and be able to voice concerns and ideas more easily.

Hope this helps,

Tim

thank you so much for your reply;)