Homeowners don't have a vote

Started by KenW • 5 replies • 1524 views

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KenW (Florida)
Posts: 2

Posted:

I live in a gated community in central Florida that has been built out for several years however the developer has not conveyed anything ovcr to the homeowners. Developer does not allow an HOA or any voice or representation by the homeowners. He sets the fees, collects, and spends as he wishes. I was under the impression the developer had to convey at a certain completion percentage. Am I mistaken?

JM2 (Oregon)
Posts: 439

Posted:

Hi Ken:

Either your CC&R's or Bylaws should have the turnover requirements and procedures. The homeowners may be able to call their own turnover meeting if the percentage sold has met the requirement and the developer has not called a meeting. Check your documents to see what is required. If you have a management company, they may be able to help out in the procedure. Be sure to also read anything about "Classes of Membership," as that may be relevant if the developer still holds more overall voting power than the members.

Best of luck!

J. Patrick Moore, CMCA

HaroldS1 (Arizona)
Posts: 314

Posted:

That is strange. Why would a developer still be hanging around if you are built out? You definitely need to check your documents with a microscope to determine why he has not turned it over to you. Seems like he is milking your cow and you have no say about it. Outrageous.
And I wouldn't go to the management company if you have one because they would be paid by the developer and are beholden to him, not to you homeowners. They don't want to upset their applecart either because usually it is a good idea to replace the developer's management company when the homeowners take over so don't expect any help from them.

JudithW (Texas)
Posts: 10

Posted:

I believe some states have statutes which set a transition date if the CCR's and other governing documents don't. Our developer had a provision in the CCRs which required it to turnover control at 75% sold. It was almost 95% when they finally did it. They had set up a real estate sales office to garner as much of the re-sale business as they could after reaching 75% and tried to adopt a sign policy that banned other realtors from putting up full size signs. I suspect that is why our developer did not want to turn over when they were supposed to.

JimM7 (Florida)
Posts: 71

Posted:

The suggestion to review the covenants and HOA bylaws is a good one. Also look up Florida Statute 720 ,it covers HOA's. Class "B" memberships (Developers)have guidelines they MUST adhere to in Florida.
Good luck. If all else fails find a GOOD HOA attorney.

KennyD1 (Texas)
Posts: 51

Posted:

As mention before in some cases like most, the development of sold homes must be at least 75%. My house was sold to me which broke the 75% required to turn over control to the homeowners in which I was elected the first Vice President. What you need to do is see how many home where to be built and how many have been sold. I hope all the luck with you on this issue.

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