Transfer Document Help!

Started by SusanK2 • 1 replies • 1634 views

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SusanK2 (Maryland)
Posts: 1

Posted:

I understand all the documents that SHOULD be turnovered during developer transition but are these document REQUIRED to be turned over? Our developer stated he was turning over control in 2003, only passing financial items. Since then we (community Board members) have tried to fight the unsatisfactory standards of common areas and Stormwater areas.
In our C,C&R it states ...to transfer all or any part...to any authority...agreed to by members. No such transfer shall be effective unless an instrument signed...has been recorded.
If this document was NOT recorded with the CCR, can the developer (after 4 years)or county be held responsible to correct the deficient areas?
We have been in discussion with the County Offices as well as our State Department of the Environment but with no resolutions.

RogerB (Colorado)
Posts: 5,067

Posted:

Susan, your HOA file any unfiled documents. But to transfer certain responsibilities will also require approval of the organization who is accepting responsibility - not just approval of your HOA to transfer it. Written documents which are notarized will be needed and can be filed by the HOA's authorized representative.

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