Are they a developer or a builder in florida

Started by AngelaA • 1 replies • 1003 views

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AngelaA
Posts: 1

Posted:

I live in a hoa community in Florida. we have 20 lots. Back in 1987 the original developer broke out lots and starting selling the lots to individual owners then the developer went and deeded over to someone else the remaining unsold lots and gave them all developer rights. This developer sold some lots then deeded over the remaining 5 unbuild lots someone else and gave them all developer rights. This person is called our developer and he is building on the lots and selling the homes. How many time's can you transfer developer rights? Is this legal? Since this developer just sold one of the lots he changed the covenants to have control of the community until all lots are sold. He has recalled myself and one other board member of board so now our board consist of the developer and his wife and they are bring on the previous developer who does not even live here. They changed our board members from 5 to 3 in our by laws. Can a community be developed for 21 years? Help

JM2 (Oregon)
Posts: 439

Posted:

Hi Angela:

Sticky situation. I live in Oregon, so there may be provisions in Florida law of which I am not aware.

You will need to look at your previous set of documents that you were operating under, to see how much developer control was allowed, and what kind of changes were allowed to the documents by the developer. If you already went through turnover, then it's possible that the developer overstepped his rights, but if not, he might still have control. In general, if the documents allow a transfer of developer rights, that could possibly go on for just about forever. However, once turnover happens, I don't believe that the developer can take control back from the homeowners (there exists the possiblity that a developer could get elected to the Board but would still be subject to the documents).

This sounds like a great example of when a group of concerned homeowners should go to an HOA attorney to find out if what has happened is legal, and if it isn't, then take the developer to court.

J. Patrick Moore, CMCA

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