No common Property

Started by DD4 • 1 replies • 1161 views

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DD4 (Tennessee)
Posts: 5

Posted:

The developer elected a board in 2005. We have a president, treasurer and secretary.
They have illegal meetings--no quorum, not allowing all members to vote. By-laws say 67% must be in agreement to pass anything and they pass items with six people in attendance.

The homeowners are supposed to be in control but the developer has a hold on everyone and threatens people.
He exempted himself from the restrictions and by-laws and now was voted in as a member by six people.
He is now telling us what we have to pay for including maintaining easements for water flow which the county
can take care of or the homeowner who bought the property with the water drainage easement on it.

The original by-laws were drawn up by the developer--no attorney stamp on them at all.

How long can the developer hold us hostage?

TimB4 (Tennessee)
Posts: 21,059

Posted:

DD4,

There is no need to continually ask similar questions in different threads. If the questions are related it's best to keep them in the same thread. Currently, this is the third thread about this issue. The other two are:

Subject: HOA does not own common property started 6/11/13
Subject: Developer is trying to maintain control of HOA started on 10/4/11

As was posted in those previous threads, since there is no applicable HOA laws for Tennessee, the time for the required turnover of control from the developer to the membership will be contained within your governing documents.

BTW, Just because the County or City can maintain certain items doesn't mean that they will. Often permits for developments are granted on the condition that the Association maintains certain items (roads, sidewalks, storm water retention ponds, etc.). Therefore, it's possible that it's the County or City saying these things must be maintained and the Developer is simply passing along this information. The only way to be sure is to check the county records.

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