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LarryD13 (Texas)
Posts: 25
Posted:


Our HOA is still builder controlled. A final phase has just been started. In a year or so the builder will want to get out of Dodge and turn the HOA over to the homeowners. In the final phase (and in other phases, as well) the builder has assigned responsibilities to the HOA which could be real time bombs. For example, the HOA will be responsible for the "maintenance" of a steep, fill dirt slope which is the backside of several backyards. The HOA will be responsibility for maintaining the integrity of the slope which could be doomed to failure by erosion, poor construction technique or the fact that building the slope was a poor choice to begin with.
I would like for the builder to assume long term responsibility for the integrity of the slope. If the builder refuses can the homeowners refuse to accept ownership of the HOA when the time comes?

I see HOAS as a Christmas present for builders. They can design and build less than optimal physical features into their subdivisions which saves them big money. Then they assign longterm responsibility to the homeowners and then get the hell out of town.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:

I would like for the builder to assume long term responsibility for the integrity of the slope. If the builder refuses can the homeowners refuse to accept ownership of the HOA when the time comes?


Unlikely to happen. The homeowners cannot refuse ownership. You agreed to the HOA membership when you bought. The builder will setup the HOA and hold an election date. If no one shows up, you have a HOA that you belong to that no one is running, no one is paying insurance, etc. So when something happens to that slope, you will all be sued individually as members of the HOA. This is why you want HOA insurance.

Quote:

I see HOAS as a Christmas present for builders. They can design and build less than optimal physical features into their subdivisions which saves them big money. Then they assign longterm responsibility to the homeowners and then get the hell out of town.


Yep. And its reflected in the price. If there was no HOA, it would be worth more.
FredS7 (Arizona)
Posts: 927
Posted:
Builders CAN be held responsible for construction defects.

Even so, it is the buyer's responsibility to evaluate the condition of what he is buying. True for single family houses, equally true for units in an HOA. Stuff that sooner or later needs to be fixed is part of owning property. Construction defects are found in single family houses too.

If you have an ordinary fear of future problems get an inspector and do due diligence. If you have a pathological fear then rent.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Prior to the start of construction, the builder needed to get plans approved by your local zoning authority. The slope of your dirt slope and erosion prevention measures should have been part of the approval process. Often, the zoning authority requires the builder to put money in escrow to assure project completion according to plan. Those funds are not released until a final inspection.

So make sure that you meet with a zoning officer to discuss the issues of concern and follow up with a letter in writing to the zoning office. Near the end of construction when it's time to recover the escrow money, deaf builders often have their ears miraculously unclog.

Sikubali jukumu. Read all posts at your own risk.
GlenL (Ohio)
Posts: 5,491
Posted:
Larry if you're that worried about the future cost to maintain the different elements, I would suggest you and your fellow homeowners chip in a few bucks and hire a certified engineer to examine what you feel are the problem areas and give you an estimate on their life expectancy and expected repair / replacement costs. While this is a normal practice pre-turnover, if you find there are problems, you can go to the local Building Department / Zoning Board to have them force the repairs to meet code. Every State is different but here developers must have performance bonds also called construction bonds to insure completion of the project, you and your neighbors might be able to block their release until the HOA is to code.

Studies show that 5 out of 4 people have problems with fractions
CyrstalB (Maryland)
Posts: 457
Posted:
Quote:
Posted By NpS on 09/28/2014 2:10 PM
Prior to the start of construction, the builder needed to get plans approved by your local zoning authority. The slope of your dirt slope and erosion prevention measures should have been part of the approval process. Often, the zoning authority requires the builder to put money in escrow to assure project completion according to plan. Those funds are not released until a final inspection.

So make sure that you meet with a zoning officer to discuss the issues of concern and follow up with a letter in writing to the zoning office. Near the end of construction when it's time to recover the escrow money, deaf builders often have their ears miraculously unclog.

Your concerns are valid to say the least, and yes, builders do and have and will leave a mess behind. Here is a link to a slope failure in MD, http://www.wjla.com/articles/2014/05/fort-washington-homes-being-evacuated-due-to-slope-failure-102803.html
I believe the county was deemed responsible for the failure for the reasons NPS cited here.

JohnB26 (South Carolina)
Posts: 1,001
Posted:
DITTO

I would suggest you and your fellow homeowners chip in a few bucks and hire a certified engineer to examine what you feel are the problem areas and give you an estimate on their life expectancy and expected repair / replacement costs.
JamesO6 (Florida)
Posts: 170
Posted:
Don't know about that about if there is a HOA deed restriction your in a HOA, Lots of builders has them and are not enforced till the builder records the transfer of it to the community. Some states apparently like this state. Like ours there's a HOA deed restriction in our community but no HOA, developer built 1 section and exited stage left and did not transfer anything to the Community and now doesn't own a single lot any longer and isn't able to enforce it. the Newest sections builder/developer did it the right way and all the newest sections are under but under a different HOA name and been trying over a decade to incorporate us into theirs.

Don't see how anyone can sue the entire Non activated HOA individual lot owners in a community they'd have to sue that other HOA that's activated instead due to like our situation, that new developer made a new entrance farther down the road and could of named it's development a new name instead they used our community name and by law with the city they have to maintain the entire community even us that's not in their HOA even. that's probably why they harass us every time they change property management companies.

Don't know why they even have a HOA even, they don't enforce any Restrictions except non payment of their Dues to it. There is no community center, no buildings no parks nothing just income to a Property management Corporation, The city loves HOA's if it was just a standard community the tax payers covers unused space area aka Common area's and lands along small streams, Now when a City gets a HOA, they save money and gains more income due to the HOA has to pay tax's on all that unused spaces aka Common Area's and street repairs and lighting repairs. Win win for the city's and HOA members paying double the tax's and some. Good lord kids playing in a Common area trips and gets paralyzed non HOA community the city pays for it, HOA's pays insurance but we all know insurance companies couple payouts and they cancel the insurance and that HOA members have to foot the bills if someone else comes along and gets injured on their Common area while looking for a new insurer.

Lord our section is well maintained, the HOA section is jumbled mess, small metal fencing on front yard for their small pets, recreational vehicles of all kinds and commercial vehicles parked out in the street, all types of fencing, all mail box's different, no conformity except suing non HOA payments. If a HOA has rules and not enforced, how they expect people to willing give them money and Join their sections and do nothing except collect and well who knows where all the dues are going too.
JamesO6 (Florida)
Posts: 170
Posted:
Quote:
Posted By NpS on 09/28/2014 2:10 PM
Prior to the start of construction, the builder needed to get plans approved by your local zoning authority. The slope of your dirt slope and erosion prevention measures should have been part of the approval process. Often, the zoning authority requires the builder to put money in escrow to assure project completion according to plan. Those funds are not released until a final inspection.

So make sure that you meet with a zoning officer to discuss the issues of concern and follow up with a letter in writing to the zoning office. Near the end of construction when it's time to recover the escrow money, deaf builders often have their ears miraculously unclog.

Yup like ours after 2 years in our house, I did a attic inspection and our master bedroom has a vaulted ceiling, and peeked around it and found our source of high energy billings, the builder didn't blow insulation in the master bedroom closet and bathroom. due to it was blocked from view, Zoning inspector was upset since it was noted in his report and took the builder word it was fixed when the house was built.
KerryL1 (California)
Posts: 14,550
Posted:
Larry, Glen (and agreed with by John26) gives excellent advice. Scroll to his post.

Your HOA neighbors cannot rely on any building or zoning or planning dept. inspections. Our twin towers passed all with flying colors--our developer's rep, who still has a seat on our board, assured the then boards repeatedly that the inspectors had done a sterling job. Yet we did have millions of dollars worth of construction defects and barely beat the statutes of limitation clock by the time we filed legal action. Inspectors generally are overworked and too often take the word of the developer as in James' 2nd post.

As Glen points out, you want to know about that slope while the devour still has control.

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