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DavidR26 (North Carolina)
Posts: 3
Posted:
A little advice please.

Are deposits for new construction commonplace in ARB policies?

Our HOA is "renewing itself" after soem time of little to no actual activity. We're on track with a very well versed lawyer and gaining insurance, contacting landowner,s and involving the community and basically comfortably on a course to get ourselves straight.

Declarant Control period is over and CCR says the Board can change the ARB policies at their discretion. So far we have no real opposition and everyone is more or less on board During all of this we're rewriting our ARB policies and we'll send to all owners for comment. We've got about 15 houses built on the 70 lots of the HOA but we're growing.

So back to the question. I've been reading a couple local ARB policies and they both say Builders must put down a $1000 deposit and that when the builder leaves the worksite trashed or creates ruts in the roads, breaks signs, or whatever that the Board/ARB fines the builder and deducts the amount from the deposit.

What do you guys think about this and is it the way you've seen in your communities? I have the chance to effect this now and am looking for opinions. I have a great builder putting up a half dozen homes but I am constantly on him about the subcontractors leaving trash, running over a speed limit sign, and creating ruts when trucks pull off the roadway in order to turn around.

thoughts?
LauraR5 (Tennessee)
Posts: 220
Posted:
I don't have any advice on this, but I'll be curious to see what folks' replies are because we are about to have seven more units added to our development. Our builder had owned lots and sold them to another builder, and they do have to have ARC approval to build the new units. I like your idea here, but I'm curious if anyone's implemented it and what their experiences are.
DavidR26 (North Carolina)
Posts: 3
Posted:
Below is the exact wording I saw. It's a fairly high end Golf Community.

The Contractor/Builder will post a refundable, non-interest bearing construction deposit of $1,000.00 for a residence and $500.00 for an addition to an existing residence before receiving approval for construction. Should the Builder accrue any fines during construction, the amount of the fine will be deducted from the construction deposit

CarolR11 (Colorado)
Posts: 2,563
Posted:
We're very different than you, David--we're a twin tower high-rise. We've had some major exterior reconstruction work done over the past couple of years. Our contract with each vendor states that they must clear their work area of debris each day; such debris must be discarded off the premises. Now that's probably not reasonable in your situation, but partial debris clearance might be.

In addition, the contract states that they must pay for any damages that they cause--there's no ceiling. This all has been done by our Board, and these contracts are reviewed by our HOA attorney.

Individual unit owners have a lot of paper work to complete when they rehab their units, and they agree to pay for any damages to our common areas, e.g., elevators, caused by their vendors. Work hours also are specified, etc., etc.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
All

I do like the idea of a bond as it has more teeth in it.

Hope this helps.

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