reverting common ground back todeveloper

Started by JeanI • 2 replies • 1301 views

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JeanI (Louisiana)
Posts: 112

Posted:

We live in a development which is not fully built out.The developer is requesting that the HOA revert five feet of common property back to him in order for him to build on lots he owns. He needs a county variance for the project and hopes the HOA will not oppose the transfer. Any advice would be helpful! Jean

TimB4 (Tennessee)
Posts: 21,062

Posted:

Typically, the authority to transfer or sell common area is contained within the governing documents.

Therefore, you need to check your governing documents.

Our Articles of Incorporation gives this authority to the Association (which equates to giving the authority to the Board).

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Jean

I am sure there is a method to do so. The questions might really be:

1. Do you want him to finish the development or do you wish to stand in his way as you all have issues with him?

2. Should you all be extracting a cost for doing this as a toll for him not doing right by you all and the money might help correct it?

I know in my HOA I would say deed it over ASAP so he can finish up but he pays all associated costs

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