NicholasE (Virginia)
Posts: 4
Posts: 4
Posted:
if any hoa is under developer control, do its residents have any voice/input/recourse with the rules and regulations of the association?
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hoa rules/regulations
Started by NicholasE • 7 replies • 1338 views
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JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Some HOA's under developer control do have appointed/elected BOD's that have input. I did say input as control still lies with the declarant/developer.
We are transitioning from developer to owner control. It has been very cordial and professional. I hope this happens in all other HOA's but we all know, that is not the case.
We are transitioning from developer to owner control. It has been very cordial and professional. I hope this happens in all other HOA's but we all know, that is not the case.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Nicholas,
The answer is sometimes.
Although VA law allows the members to overturn any rule with a vote, Declarants typically have control of the vote. Therefore, the reality is, if the relationship is a good one, the Declarant will likely work with the members. However, if the relationship is a bad one, the Declarant will likely only do what they are legally obligated to do.
The answer is sometimes.
Although VA law allows the members to overturn any rule with a vote, Declarants typically have control of the vote. Therefore, the reality is, if the relationship is a good one, the Declarant will likely work with the members. However, if the relationship is a bad one, the Declarant will likely only do what they are legally obligated to do.
JohnB26 (South Carolina)
Posts: 1,569
Posts: 1,569
Posted:
I strongly suggest you stop using the term 'residents' as not all residents are/will be 'members' of the association.
Only members will/should have a say.
In the eyes of the law: A non owner resident of a property is a TENANT whether they pay rent or not. ~ Any owner is a member (with 1 vote for each owned lot) whether they reside or not.
LEARN THIS FROM THE 'GET-GO'
to answer your question:
while the developer is in control the developer usually sets all the rules AS PER THE CC&Rs (over which he has control) ~ the CC&Rs, however, need to be recorded with the county 'against' the deeds
CAVEAT EMPTOR
Only members will/should have a say.
In the eyes of the law: A non owner resident of a property is a TENANT whether they pay rent or not. ~ Any owner is a member (with 1 vote for each owned lot) whether they reside or not.
LEARN THIS FROM THE 'GET-GO'
to answer your question:
while the developer is in control the developer usually sets all the rules AS PER THE CC&Rs (over which he has control) ~ the CC&Rs, however, need to be recorded with the county 'against' the deeds
CAVEAT EMPTOR
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
I'd say, Nicolas, that given that the developer really does have control, perhaps owners could still get together and lobby the developer and his/her Board for new rules or changes. You all can make the argument that you live there every day and rule x just isn't practical.
Or you can say, given that you live there, a new rule about Y would be a good thing. If you can suggest that a rule change or addition would help marketability that might help too if a lot of lots/units remain unsold.
If a good number of you agree on a change or addition, think about one owner representing your idea(s) to the developer so that s/he doesn't feel like you all are piling on.
I've never been under developer control, but many on this forum have and they might have some good suggestions.
Or you can say, given that you live there, a new rule about Y would be a good thing. If you can suggest that a rule change or addition would help marketability that might help too if a lot of lots/units remain unsold.
If a good number of you agree on a change or addition, think about one owner representing your idea(s) to the developer so that s/he doesn't feel like you all are piling on.
I've never been under developer control, but many on this forum have and they might have some good suggestions.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
Oh, and taking a page from JohnC's book, do your best to build or maintain cordial relationships with your developer.
By the way, do your governing documents say anything about the developer holding some sort of meeting for owners even while he's in control?
By the way, do your governing documents say anything about the developer holding some sort of meeting for owners even while he's in control?
JohnB26 (South Carolina)
Posts: 1,569
Posts: 1,569
Posted:
the developer will NOT hold any meeting
the HOA will hold an annual 'meeting of the members'
the developer is probably holding the majority of voting rights as he would be the primary lot holder
the HOA will hold an annual 'meeting of the members'
the developer is probably holding the majority of voting rights as he would be the primary lot holder
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
Well, JohnB, we need more information from Nicolas, don't we?
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