Can the HOA remove Developer's Landscaping?

Started by JosephH2 • 4 replies • 1355 views

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JosephH2 (Pennsylvania)
Posts: 57

Posted:

I'm the new president of a new HOA.

Our Developer is completing the last house in our development. The buyers want him to put some boulders on the lawn as part of the landscaping.

I told the Developer that the HOA Board does not allow boulders or free-standing trees because it makes mowing more difficult. He says he will see what he can do but, per the declaration, he can put the boulders in if the buyer wants them.

Can our HOA require the buyer to remove the boulders after he takes ownership?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Your developer controlled so they can do what they want NOT the HOA. Once the HOA takes over it is stuck with those decisions...

Former HOA President

GlenL (Ohio)
Posts: 5,491

Posted:

From your statements, it sounds like you have transitioned to homeowner control and the Board or ARC will have the right to refuse the boulders and fine the homeowners until they remove them.

Studies show that 5 out of 4 people have problems with fractions

CarolR11 (Colorado)
Posts: 2,563

Posted:

Joseph, please clarify whether or not you're still under developer control. If not, are there certain elements of the declaration that give the developer certain rights? Or permit the developer certain rights until the last unit is sold? Or other words to that effect?

DaveD3 (Michigan)
Posts: 796

Posted:

Agree with the above.
If you are no longer under developer control, the developer must not install boulders without HOA approval.
If you are still under developer control, then the developer can do pretty much as he pleases or sees fit (to the extent the language in the documents allows)

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