Builders in unfinished community - street paving responsibility?

When the original builder/developer went bankrupt in 2008, half of the 14 units built were sold under auction. The remaining 16 vacant lots were sold to: one investor with 6 lots; another investor with 2 lots; another investor owns 2 lots; a builder owns 4 lots; and another builder owns 2 lots. Therefore, we do not have one developer to complete the community. The 14 homeowners are paying the monthly fees but lot owners pay NOTHING. We need advise about paving our street. The street is private so the county will not pave it for us. Currently we have the base paving that all new communities have when they begin. Usually once the construction is complete the street is paved with asphalt. We do not have asphalt and it would be too costly for our small HOA membership to pay for the final paving of the street. One of the builders who owns 2 lots wants to build 2 units. We are trying to decide if we should assess a fee to the builder for each new unit build to help fund paving the street. Have any other communities had this issue?
Also, does anyone have sample Architectural Standard Guidelines they will share with our small community?
I attached a copy of our DRAFT COPY of our building guidelines for review.
Thanks in advance for any advise on these matters....

GUIDELINES FOR NEW BUILDING ON VACANT LOTS IN THE WILLOWS AT CHASTAIN

The primary purpose of our Declaration of Protective Covenants, Conditions, Restrictions and Easements and Bylaws and this Architectural Guideline is to maintain environmental and architectural design standards for the entire community. The promulgation and enforcement of design standards is intended to achieve the following objectives:

Maintain consistency with the overall design concept for the community
Promote harmonious architectural and environmental design qualities and features
Promote and enhance the visual and aesthetic appearance of the community

Please note that this these requirements address only architectural issues; the Covenants and Bylaws also establish use restrictions and easements. Complaints regarding violations of these provisions of the Covenants and Bylaws should be brought to the attention of the Property Owners Association Board (POA Board).

NEW CONSTRUCTION REVIEW
The purpose of reviewing construction plans for all new homes in Willows at Chastain is to ensure the exterior is consistent with surrounding properties and contributes to the overall community theme.
All applicants wishing to Build/Develop vacant lots within Willows at Chastain shall follow these review procedures for new construction. Once pre-approved, the Builder/Developer will continue to work with the POA Board for construction approvals.
a) Architectural Review of Initial Drawings
The Builder/Developer and Architect must seek pre-approval by presenting drawings prior to the final detailed architectural plans, before purchase of a building permit and commencement of new home construction. The drawings should be detailed enough to communicate the design to non-professional persons reviewing the plans to ensure the exterior is consistent with surrounding properties and contributes to the overall community theme. Plans should clearly identify materials, dimensions, roof pitch, building height, window and door locations, etc. All drawings for new construction shall meet the following submission requirements:
1.The Builder/Developer and Architect will select stone or brick front.
Paint colors are as follows:
a. HardiPlank paint color choices are: Porter Paints: Whiskers 513-4 or Dusty Trail 414-4.
b. All shutters are painted Porter Paint: Black Magic 518-7.
c. All trim and gutters will be painted white.
c. Front Doors are of 2 styles and colors:
1. Front Doors on units facing the street are a solid Six (6) panel door painted Porter Paint: Black Magic 518-7.
2. Front Doors on units facing the side are a 12 window top with 2 panels painted White.
2.The building plan shall show all 4 exterior elevations, front, sides and rear.
3.The POA Board does not review floor plans or interior specifications, however, these will allow for the review of elevation and exterior details.
4.All home plans require two units be joined on two connecting lots as per Final Subdivision Plat for The Willows at Chastain, Land Lot 360, 16th District of Cobb County, Georgia.
5.Each side of the joined units will be Mirror Image on the outside.
6.The building Footprints of the two units and garage on the two lots, will be compared to the approved Footprint as per Final Subdivision Plat for The Willows at Chastain, Land Lot 360, 16th District of Cobb County, Georgia.
7.The Builder/Developer will specify any additional square footage that will be required outside of the approved Footprint.
8.The plan will indicate the location of all driveways, walks, patios, decks, walls or easements that may impact the home.
9.The Builder/Developer will provide a landscape plan for the front, sides and back of the units with a written list of types and quantities of landscape materials.
These drawings will be approved or denied based on the reasonable belief that the plan will or will not meet the overall community theme. Approval of these drawings do not constitute approval of the final and detailed Blueprint Architectural Plans.
b) Architectural Review of Final Blueprint Building Plans
The Builder/Developer, Architect, must provide two copies of the Final Detailed Architectural Blueprint Plan approved by Cobb County, for POA Board review and approval prior to commencement of construction. Upon agreement with the plans the POA Board and Builder/Developer will sign and date the plans indicating approval to begin construction. At such time as the building plans are approved by the POA Board, one (1) complete set of the approved plans shall be retained by the POA Board and the other complete set shall be marked “Approved as Submitted” or “Approved as Noted” and returned to the Builder/Developer along with a written statement with any design comments.
c) Deviations From Approved Plans
Any deviation from the approved new construction plans must be submitted in writing to the POA Board for review in the same manner as the procedures and submission requirements outlined above. The Builder/Developer is encouraged to submit changes at the earliest possible time to avoid costly delays.
d) Zoning and Other Governmental Regulations
The Builder/Developer is responsible for compliance with the procedures and guidelines outlined herein along with all zoning and other applicable governmental laws, rules and regulations. Cobb County and its Planning Department have jurisdiction over the community Willows at Chastain. Approvals by the POA Board pursuant to these guidelines shall in no event be construed as representations of warranties that the Builder/Developer's plans or improvements comply with any such governmental requirements.
Prior to commencement of any clearing or construction of the improvements, the Builder/Developer or the Property Owner’s representative shall stake the lot for review and approval by the POA Board.
NO CLEARING OR CONSTRUCTION ACTIVITIES MAY COMMENCE PRIOR TO THE ISSUANCE OR THE SITE INSPECTION APPROVAL BY THE POA BOARD.
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NEW CONSTRUCTION JOB SITE REQUIREMENTS

1.All construction will be performed by a insured and licensed contractor or builder.
2.No construction shall begin until a portable toilet is delivered to the construction site. No other temporary structures may be placed on a lot without the written permission of the POA. If allowed, such structures may never be used as residences and may not remain on the lot after construction has been completed.
3.Routine management of work site hours are Daily 7:30 am to 6 pm.
4.A dumpster is required to be on the job site during the entire construction process. Pick up of construction trash is required everyday. Dumpsters should be emptied at least weekly.
5.The job site must be maintained in a safe and clean atmosphere. Gravel will be placed in the driveway during the construction process. Only approved signs can be placed at the job site.
6.All construction materials must be placed on the building lot. No materials are to remain in the street or cul-de-sac areas overnight. Materials may not be placed on adjoining properties without written permission of the property owner.
7.Construction must equal or exceed the requirements that are in effect at the time construction is started according to the provisions of the Georgia and Cobb County Building Code.
8.All utility connections / hookups are the responsibility of the Builder/Developer. Water provided for all Units in the Willows at Chastain Community is billed under one meter. The Builder/Developer will be required to obtain a separate water meter for use in building on the vacant lots.
9.Any damage(s) to any street, curb, gutter, manhole cover, sewer drain or storm drain cover occurring as result of construction activity in relation to any Lot shall be promptly repaired by the Builder/Developer. If the Builder/Developer fails or refuses to complete such repairs, the POA Board shall have the right to delegate such repair completion, and all costs and expenses incurred in completing such work shall be immediately due by the Builder/Developer.
10.The Builder/Developer will take all necessary precautions to guard against any dirt, oil, gas, paint, mortar, concrete or other spillage on streets, sidewalks, curbs and gutters. All streets and gutters will be sweep and cleaned on a daily basis.
11.Erosion and sediment control measures must be maintained during and after construction. Measures must be taken to insure that excessive run-off, silt and sediment are contained and not allowed to contaminate adjacent properties, common areas, etc. Except in extreme cases, a silt fence is usually adequate, but must be properly installed and maintained to trap silt and not allow it to be washed over, under or around the fence.
12.Water drainage must also be controlled during and after construction, and provisions should be planned at the time the units are being oriented. Water must not be allowed to run into or across the street, onto other properties, or be unnecessarily or unreasonably diverted to adjacent properties.
13.No “open fires” will be allowed without POA Board approval and appropriate burning permits.
14.No loud music will be allowed within the Willows at Chastain Community.
15.All track equipment necessary for construction must be delivered to the construction site on a trailer. Any damage to existing street, curb, gutter, manhole cover, sewer drain or storm drain cover or Willows at Chastain common property by construction equipment or crews is the responsibility of the Builder/Developer.
16.The POA Board shall have the right, at its election, to enter upon any lot during construction to inspect the work being undertaken in order to determine that it is in conformity with the approved plans and specifications.
17.Once construction has commenced, the Builder/Developer will be responsible for ensuring that work proceeds at an orderly and timely pace, with no stoppage of work for more than 14 consecutive days to be condoned, acts of God excepted, and be completed, including landscaping, and ready for occupancy within six (6) months from the construction commencement date.
18.Compliance with the Georgia and Cobb County Building Codes will be required for all construction. Enforcement of the Building Code is the responsibility of the Builder/Developer and Contractor, and will be monitored by the Cobb County Building Inspector. Failure to follow Code may result in stoppage of construction, and in rare instances, may result in removal of the constructed premises at Builder/Developer's expense.
19.The Builder/Developer will pay an Assessment Fee of $5,000 ($2,500 each unit) for the additional expense of the sprinkler system and the paving the Willows at Chastain community streets.
e) After Completion of Construction
1. All trash and debris must be removed from the building site within 15 days of completion.
2. Trash dumpster, portable toilet and any signs must be removed within 15 days of completion.
I have read and agree to the above Architectural Standards Guidelines.
__________________________ ________ ___________________________ _________
Willows at Chastain Property Date Builder/Developer Date
Owners Association Name: ______________________________________
Address: ______________________________________
______________________________________
______________________________________
Phone: ______________________________________

Thanks for your reply. We actually thought there should be a bond on file too but we have tried without success to find it. We have contacted Cobb County for the bond but it does not seem to exist.
We have talked to the vacant lot owners. They purchased the lots from the bank after the bankruptcy and could not care less about the community. We have to beg them to cut grass and weeds on their lots. We amended our Covenants and Bylaws so that the vacant lot owners do not get to vote on community issues and elections unless they pay a monthly fee. They all opted out and would rather not vote than pay anything. With the new interest by this one builder we need to prepare the guidelines and take into consideration funds for the street paving. Thanks again!

We are not an HOA, we are a Property Owners Association (POA). Although there is some difference I have not found significant difference in the wording of our Covenents from those of an HOA. Only difference is the name. I'm sure there is more to it than that but I'll try to keep it short. The developer went bankrupt in 2008. The bank sold all the units at auction or at reduced price and they sold the vacant lots to the investors. The bank then terminated declarant's rights under the Covenants in 2009 and turned the Association over to the members (homeowners). The POA Board had an attorney prepare our first Amendment to submit the Community to the Georgia Property Owners' Association Act, OCGA 44-3-220. Under the Georgia Property Owners' Association Act, one of the benefits, the lot owners must pay an assessment to be a member of the Association. While the attorney submitted the amendment to the county for approval, the other two members of the board and I tried to come up with a reasonable assessment for lot owners who use no water, elect etc but we would include cutting their lots by our landscaper. Turned out it was not necessary. As soon as the official letter went to the lot owners (with no stated assessment amount) to decide if they wanted to pay and vote or lose the right to vote and NOT PAY, they did not hesitate! In less than 24 hours all responsded that they forfit their right to vote. All this started with a long story about the one bully in the community trying to take charge of the Board by having the lot owners vote him on to the board. His lies only worked on 2 of the lot owners with 8 votes and his own. The homeowners voted the current board members in with 13 votes. (PS we have a GREAT community, everyone pays on time and works together. The bully has been quieted and we have peace in our neighborhood.)
So, I hope being a POA won't get me kicked off HOATalk.com. I still think we share most of the same issues. We are a small community wanting to have the lots developed and our street paved. We want to be fair to any builder or developer. We will submit our guidelines to the attorney for review. I was hoping someone out there could share their experience with a similar situation. Thanks in advance for any advice!

The Termination of Declarant's Rights under the Declaration of Covenants for our community was prepared by an attorney according to the covenant documents. Since the builder/developer had gone bankrupt the bank was the declarant until April 2009 when they turned it over to the homeowners of our community. We are now self managed so we don't have the benefit of a management company. We have an attorney we have used for our amendments but you know that can be expensive so we try to have everything ready for review so we pay for as little time as necessary for the attorney to approve or change our documents.

I don't know about the bankruptcy. I guess that Bank of North Georgia owned all the property or was the backer for the builder.
"The Termination of Declarant's Rights under the Declaration of Protective Covenants, Conditions, Restrictions and Easements for the community."
"This instrument is made as of the 9th day of April 2009 by Bank of North Georgia, a Georgia banking corporation (hereinafter referred to as "Declarant")
"Whereas, Bank of North Georgia, as Declarant, executed that certain declaration of Protective Covenants, ... for the community which was recorded Dec 1, 2008 in Deed Book...Georgia land records ...
"Whereas, Declarant, now desires to terminate all of its rights under the Declaration, the Bylaws of the community, which are attached to the Declaration recorded..." etc.
All the documents were prepared by the same attorney, the amendment to terminate Declarant and the amendment to place our community under the Georgia Property Owners' Association Act..
I certainly hope they know what they are doing. The County approved it all.