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MaureenM1 (PA)
Posts: 344
Posted:
Our development is private and we are in transition from the developer. Our new board consists of 5 homeowners. There are two townhomes left for sale, other than that we are built out. The Board wants the Sale Sign (advertising homes for sale) taken down by the builder (who put it up in 2005) and replaced with a sign that just simply states "(development name a private community). We have been asking the builder for years to put up a front entrance sign. He said via email in 2009 that he was ordering one but none has been ever put up.

Can the new Board insist that the sign be taken down? Our CCR's state that the Declarant can have For Sale signs up whiile he is still selling homes. Technically the builder can say he has two more to sell. He has not been able to sell and has rented 14 of the 40 homes.

One of our board members said that the sign should be part of our transition? I feel it is the builder's responsiblity not the developer's. Thoughts?

Maureen
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
1. New board has little to no power until the developer turns over control.

2. Ask the developer to put up the sign that says "development name" but unless its stated in your docs that the entrance has a sign that says that, the developer can choose not to put up another sign if he wants to. He could choose to take down the whole entrance sign. Its his development.

3. My thoughts? If the developer says the "for sale" sign stays, the sign stays. Not much you can do about it.

4. Builder or Developer sign responsibility??? Doesn't the developer hire the builder? Then your issue is with the developer, not the builder.
FredS7 (Arizona)
Posts: 927
Posted:
> Our CCR's state that the Declarant can have For Sale signs up whiile he is still selling homes.

These for sale signs- are they defined to be signs on the houses or on the entire development?

If the CC&Rs are unclear, the new board may be in a position to decide on interpretation.

And in that case a compromise may be in order- after all, you do want the developer to sell those houses.

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