Documentation for Declarant Surrender

Started by JulieH1 • 4 replies • 1387 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JulieH1 (Georgia)
Posts: 1

Posted:

Our HOA was recently turned over from developer to the homeowners. Upon reading our ByLaws and CCR's the Developer is suppose to execute a document (to be recorded) evidencing their surrender and transition of power and authority to the homeowners regarding appointing and removing directors and architectural control. Does anyone have a go-by document or suggestions on what needs to be included in this recorded document? Thanks!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Julie,

The document needs to be drawn up by a lawyer so all the T's are crossed and I's are dotted for your State.

I've attached a sanitized copy of what was done when the builder turned over the first section of the development to the Association. It should give you an idea.

As I said, you need to have an attorney draw up the paperwork.

Tim

📎 Attachments (1):

⏸ Downloads temporarily unavailable

📝1215161771.doc(27 KB)

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Make sure to update your documents at the same time. It is best to remove all references to the builder. It will provide less confusion in the future. This includes voting rights. The HOA creates and abides by the rules it wants to live by. so review to see if the conditions are liveable.

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By TimB4 on 02/01/2013 1:05 PM
Julie,

The document needs to be drawn up by a lawyer so all the T's are crossed and I's are dotted for your State.

I've attached a sanitized copy of what was done when the builder turned over the first section of the development to the Association. It should give you an idea.

As I said, you need to have an attorney draw up the paperwork.

Tim

Thanks. I am hoping that simple.....LOL

LarryB13 (Arizona)
Posts: 4,099

Posted:

Tim,

The document you provided is essentially a deed for all the common areas.

I think what Julie is referring to is what I have seen described as an assignment of declarant's rights, which are separate from the deed to the real estate. I don't think it needs to be a terribly elaborate document but it would be best to consult an attorney to get it done correctly.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here