How to have the HOA "turned over" from the developer

Started by KristineB • 5 replies • 1355 views

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KristineB (Louisiana)
Posts: 3

Posted:

Hi there! I live in a smallish neighborhood in Zachary, LA, a suburb of Baton Rouge. Our restrictions state that the Association will be turned over to the homeowners once all remaining lots are owned by someone other than the developer. How to do go about getting this to happen. The management company nor the developer himself have been any help at all.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Have the lots all been sold?
Are there any new sections or phases that are planned?

KristineB (Louisiana)
Posts: 3

Posted:

Yes, they have all been sold and there are no plans for additional phases.

TimB4 (Tennessee)
Posts: 21,059

Posted:

If the developer is actually required to turn over the Association (as the conditions within your governing documents and/or applicable State statutes have been met) and the developer is unwilling to do so (which just doesn't make sense), then you will need to gather support from fellow members and seek legal advice on how to compel turnover.

Since the governing documents are different for every Association and State law differ, you will need to seek the advice from an attorney who will have access to the documents and knowledge in the area needed (HOA, corporate or contract law).

CarolR11 (Colorado)
Posts: 2,563

Posted:

I agree with Tim, Kristine.

KristineB (Louisiana)
Posts: 3

Posted:

Thank you both! I figured that was the case, we were just trying to avoid the whole lawyer thing.

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