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MichaelS38 (Colorado)
Posts: 4
Posted:
We have a HOA that was formed in 2004 in Colorado. Our developer built 12 townhomes, one which he lives in. Twelve members at $170 each dues per month. He owns another 18 vacant lots that are just sitting there collecting weeds and ants. He says that the banks are not lending money so he can't build again until they do. He has never paid a dime to the association in the way of assessments for these 18 vacant lots. He now wants a vote for every lot he owns (even the vacant ones) He has never paid assessment on any of these lots to the HOA---Never, but still says he has a vote for each one. I say hogwash. It states in our bylaws, declarations and Articles that each unit should be paying an assessment. I took it as each unit was a home. He went to a lawyer and had a letter sent to us that a unit is a lot. So my question---Are we as a board (Oh by the way, he is the President) able to go back and collect back dues on the 18 vacant lots, and if not paid, plus penalty's, able to put a lien on them. I will give him his 18 votes but he needs to pay an assessment for each property that gives him that vote. If he had to pay back dues he would owe $208,000 plus late fees. In closing, why all of a sudden is it so important for him to have all those votes?
SusanW1 (Michigan)
Posts: 5,202
Posted:
Guess why . . .

He can't have it both ways. Either he pays dues on his "lots" - which he calls a "unit" - and have his votes

or

he pays dues on his "unit" that he lives in - and gets that vote only.

BUT . . . . ALL THIS DEPENDS ON WHETHER OR NOT THERE HAS BEEN A TURNOVER. HAS HE TURNED OVER TO A MEMBER-RUN HOA?

BECAUSE if there has not been a turnover, he can run the association any way he wants.
MichaelS38 (Colorado)
Posts: 4
Posted:
How do you know if it was turned over? Is there a document?
MichaelS38 (Colorado)
Posts: 4
Posted:
In the bylaws it states "The affairs of this Corporation shall be managed by a board of 3 directors who shall be members of the Corporation. Notwithstanding the foregoing, until Declarant has conveyed 100% of the lots constructed on the property or until February 1, 2010, whichever shall occur first, the Board of Directors shall be appointed by declarant, its successors or assigns."
BradP (Kansas)
Posts: 2,640
Posted:
I am not the brightest guy around but it sounds like as of Feb. 1, 2010 that he forked over control and is now just a homeowner like the rest of you. I don't know how the vacant lots should be pursued, but he should just have one vote for the unit he owns.

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