💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

SarahG1 (Ohio)
Posts: 1
Posted:
Hello Everyone,

I am new to this site but I am guessing I am going to be a frequent visitor! I am a condo-owner in a new 19-unit building (though a Phase II could add 1-2 more). Currently, 16 of 19 units are occupied and sold. The other 3 are in a "rough" condition and not finished yet...usually the developer does not completely finish the unit until it has sold.

Until this year, the developer was still running and maintaining the building. However, now that the large majority of the building is owned, we have started an HOA and established a board of President, Treasurer and Secretary (myself) who are all volunteers. We are trying to get all residents involved but it seems like many people can't be bothered.

Our developer is eager to have us formally take over but we are concerned about the condition of some of the common areas. Examples include unfinished lighting in our garages, cracked windows in common areas, areas that still need painting. Also, the carpet in the hallways has really taken a beating over the years with all the construction in the units - the carpet was initially installed in 2007. My main question is: which of these repairs (if any) are still the legal obligation of our developer??? He has objected to calling these items a "punchlist" but said that he will complete a majority of our To-Do list out of the kindness of his heart.

Some backstory: This is a historical building purchased in 2006 and 4 condos were sold and initially occupied circa 2007-8. When the housing market bubble burst, the developer didn't abandon the building but didn't sell any units and thus wasn't finishing them. Things finally improved over the past 3 years, and so the other units were finally sold and completed. As noted above, 16 of 19 units are finished/occupied. I am in Cuyahoga County, Ohio.
GlenL (Ohio)
Posts: 5,491
Posted:
Welcome Sarah. At the minimum before the new Homeowner Board signs anything, the Board should have and attorney that works for the Homeowners vette it, this often means passing the hat to the homeowners to raise the funds to pay for it. Especially since this is a conversion, not new construction. I would also hire an structural engineer to inspect to make sure the building is up to code before acceptance.

Check with your local Building/Zoning Board since developers often have to post surety bonds to ensure completion of the project. If no one protests the bonds are often released back to the developer.

If you use the sites search function and type in transition, you will see a myriad of posts on the subject. Here is the url of a document I found online that may be of some help: http://www.neighborhoodlink.com/article/Association/Developer_Homeowner_Transition

Finally in addition to familiarizing yourself with your CC&R's, I would recommend you visit:http://codes.ohio.gov/orc/5311

That is the url for Ohio's Condominium Statutes, some of the ones that might be of interest to you are the time limits on contracts signed by the developer and that reserves in an amount adequate to repair and replace major capital items in the normal course of operations without the necessity of special assessments, provided that the amount set aside annually for reserves shall not be less than ten per cent of the budget for that year unless the reserve requirement is waived annually by the unit owners exercising not less than a majority of the voting power of the unit owners association;

Studies show that 5 out of 4 people have problems with fractions

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here