Costs during Declarant Control period

It is common for a developer at the beginning stages of a subdivision to absorb costs related to the 'common areas' (e.g. landscaping, insurance, walking trail maintenance, retention basin maintenance, etc). These items of course all become the responsibility of the homeowners (thru the HOA) after the 'Period of Declarant Control.' (And the 'new' homeowner officers experience the proverbial 'shock and awe' when creating their first budget and see that significant assessment increases are necessary.)

My question is: what is to prevent the Declarant/Developer from imposing these costs directly onto the few initial homeowners immediately -- during the Period of Declarant Control? I realize this may be unsound for the Developer's own marketing reasons (i.e. the higher assessments would turn off prospective purchasers). But please ignore that aspect of it. I'm asking what authority normally addresses these costs and who must bear them during these two very different time frames (before and after Declarant transition to homeowner members).

Ray,

It will depend on the language in your governing documents, and, if like in Frederick County VA, any specific HOA county codes.

Once the common area property is transferred to the Association, typically by quick claim deeds, maintenance of that property becomes the responsibility of the Association. This transfer may occur as phases are completed, as the amenity is completed or all at once when control is transferred to the membership.

John, thanks; it does. Our CCR's don't reflect any timeframe difference, so we may have to grin and bear it. Fortunately, there are not much in the way of capital 'amenities' in the development.

And, yes, it was a big mistake for us to buy into the community so early. Never again....