Quote:
Posted By JohnC46 on 04/08/2013 6:01 AM
Joshua
The age old question. Are you under declarant or owner control? While under declarant control, the declarant can pretty well do as they desire.
Hope this helps.
Not true in all states, at least, not here in Connecticut.
But, it sounds to me like the developer is doing things right. The Association funds should be separate from the developer's funds, and the developer should not fund, or otherwise subsidize the HOA. To do so would be concealing the real costs associated with maintaining the HOA. The fact that the developer chooses to have his own company provide property management services may seem to be a conflict of interest, but the fact is, somebody has to do management, and accounting for that in the expenses is actually being very open. The developer, since he is still in control, can choose whomever he pleases to manage the property.
Once the association is turned over to the homeowners, the new board (elected by the homeowners) can choose to be self-managed, or hire another property management firm of their choosing.