Builder Requirements

RichardS7 (Texas)
Posts: 5

Posted:

I am a board memeber of a small undeveloped community in Liberty Hill, TX. We are searching to find what type of requirements other HOAs have placed on new construction and the builders working in their communities. As our undeveloped lots are built upon we would like to place responsibility upon the builder for trash containment, sanitary provisions for their personel, etc. Can anyone share if they have such wording in their CC&Rs or in the ARC approval document?

JM2 (Oregon)
Posts: 439

Posted:

Hi Richard:

Check out our enforcement resolution:
http://www.fhhoa.com/web/files/governingdocs/PolicyResolution3.pdf. This flows from our Declaration, Sections 6. 5 and 6.9:
6.5 Maintenance of Structures and Grounds. Each Owner shall maintain such Owner's Residential Lot and improvements thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. Such maintenance shall include, without limitation, painting, repair, replacement and care for roofs, gutters, downspouts, exterior building surfaces, walks and other exterior improvements and glass surfaces. In addition, each Owner shall keep all shrubs, trees, grass and plantings of every kind on such Owner's Residential Lot neatly trimmed, properly cultivated and free of trash, weeds and other unsightly material. Damage caused by fire, flood, storm, earthquake, riot, vandalism, or other causes shall likewise be the responsibility of each Owner and shall be repaired within a reasonable period of time.
6.9 Rubbish and Trash. No Residential Lot or part of the Common Area shall be used as a dumping ground for trash or rubbish of any kind. All garbage and other waste shall be kept in appropriate sanitary containers for proper disposal and out of public view. Yard rakings, dirt and other material resulting from landscaping work shall not be dumped onto streets, or Common Areas, or on any Lots. All unimproved Residential Lots shall be kept in a neat and orderly condition, free of brush, vines, weeds and other debris, and grass thereon shall be cut or mowed at sufficient intervals to prevent
creation of a nuisance or fire hazard. If any default under this Section 6.9 exists for a period longer than ten days after written notice of such default is mailed to the responsible Owner by the Association, the Association shall have, in addition to any other rights under this Declaration, or at law or in equity, the remedies specified in Section 11.2(a), (b), and (c).

Sorry everybody about the large post...we do have to use enforcement procedures from time to time.

J. Patrick Moore, CMCA

PaulM (Pennsylvania)
Posts: 1,347

Posted:

RichardS7:
Since you (temporary Board member until HOA is turned over to residents?) want to attach responsibility to the developer for maintaining the undeveloped sites at a certain level, the CC&Rs or ARC docs would not address such a responsibility. The dictates these docs contain are for Assn. unit owners once they have purchased a unit.

It would seem your only option would be to go to your Liberty Hill, TX municipal authorities with which the developer would be working to address trash and sanitary conditions the developer must maintain according to local municipal code.
Not sure you, as Board member, can place any restrictions on the developer as to how he maintains the area while under development.
Why would you feel you need to?