Subdivision pool and builder interest.

Started by CherylS10 • 9 replies • 1504 views

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CherylS10 (Missouri)
Posts: 6

Posted:

I live in Missouri. We live in a subdivision still being built in by the builder. If we have a problem with the pool, would the builder still have an interest in it since they are still pretty much in control of the subdivision? They have two members on the board still and we have one. Shouldn't they have to pay for some of the repairs? BTW, we reported a leak at the pool around two years ago. They sent someone out to find it but didn't find anything but there was still a leak and we told the builders that. What is our recourse?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Your NOT under owner control so the builder is responsible. With that being said, it means they can fix the issue on THEIR schedule NOT yours. I would also note this issue and have it an item that needs fixed prior to the builder turning over to the owners. Once the HOA is turned over to the owners it's coming out of the owner's budget.

There are pool leak experts out there that are exclusive in this area. They take scuba gear and listening equipment to diagnose. So do NOT expect a regular pool companies to be able to do this. We paid about 2K just for the pool leak diagnoses NOT the actual repair. After the diagnoses, you can then hire any contractor to do that work. It took us years to properly diagnose our leak. We had to hire a company from Nashville nearly 2 hours away. Expect to pay good money but worth it if you want to keep the pool.

Former HOA President

CherylS10 (Missouri)
Posts: 6

Posted:

Is there someplace online where I can reference that. The builder says its all HOA. I would love to be able to show that! Thanks!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Need more details as to your setup. Is the builder a member of the HOA but no longer controls it? Confused as why the builder says HOA is responsible? He may mean that the funds/dues the HOA members pay is what is used to pay for this project. Which means he is using the HOA funds collected as a means to pay the bills of the HOA and NOT his own money. Basically treating the HOA as owner controlled HOA and not the builder ran one.

There may be several scenerios of why this is happening. He may not know better, ran out of his own funds, or whatever information you can supply. People don't realize that HOA's were originally set up as "Sales tools" for developer/builders to sell their homes/property. They'd buy 100 acres of land, divide 100 ways, put a few amenities on it (Pool, Clubhouse etc), and walk away without long term maintenance. It is that long term maintenace that is the most expensive part of a HOA. That is when the owners/members take over.

So that is why defining the builder relationship is important...

Former HOA President

CherylS10 (Missouri)
Posts: 6

Posted:

The builder still holds two seats on the board. I, a resident, hold the third seat. He does say it is the HOA that will pay for the repair which is $3000 to replace a cracked underground pipe elbow, a t pipe and two 3x2 pieces of concrete after rock already there is packed back in to the holes under the concrete. I just don't get it. Am I missing something here? Do you know where I can find documentation to print that you got your info from? Thanks in advance!

Cheryl Sheehy

JeanI (Louisiana)
Posts: 112

Posted:

Does Missouri law regarding implied warranties of fitness and merchantability extend to construction and design of private roadways, drainage systems, retention ponds underground pipes or other common elements of the subdivision? Consult a lawyer! JMI

CarolR11 (Colorado)
Posts: 2,563

Posted:

Pay attention to Jean, Cheryl. In addition, it's very likely that there are construction defects involved so you need to learn about those, the statutes of limitation, etc. Another reason to consult an attorney!

CherylS10 (Missouri)
Posts: 6

Posted:

Melissap, did you ever find where I can print out the info you posted for me? The builders swears he turned over the pool to us upon completion of the pool. He holds the presidents seat on the HOA board times two, I have the third. He is also still building for a few more years in here. The HOA is registered, I checked. It just doesn't make sense that the builder has two seats and control but we have control of the pool? I will chat with an attorney(my brother) about it, but wanted to print out the info.
Thanks!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It is already in your hands. It's in your CC&R's or By laws. I may check your Incorporation documents as well. Go get a copy from the records department at your court house for the one on file. It should allow you to find out if he's still in control or not. Doesn't sound like it's been turned over to the owners.

Former HOA President

CarolR11 (Colorado)
Posts: 2,563

Posted:

I still agree with Jean, Cheryl. Consult a lawyer!

A leak that's been going on for two years can put you in a situation where the statute of limitations runs out, i.e., your time to legally get the developer to fix this problem.

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