HOA transition from Home builder to residents requirements

Hello,
Our HOA was turned over from the builder to the residents in March 2015. We are a 77 townhome subdivision in Georgia that began in 2007 and was finished early 2015.

Since the transition we have discovered that the irrigation system (irrigation water and electricity is billed to HOA) is inoperable in several areas throughout the subdivision. We have reached out to the builder via mail informing them of the inoperable sprinklers without a response on the issue.

We found out about possible inoperable sprinklers when we had landscape bidders assess our subdivision and it was confirmed when we had the original installer visit the subdivision to turn ob the sprinkler system for us. It was during this time he informed us that the Hoeme builder did not inform him that the HOA had been turned over to the residents. He also informed us of the following:

The last 8 homes built in the subdivision in November 2014-February 2015 have damaged sprinklers that were damaged by the builder (per the irrigation owner's assessment). Some of the inoperable sprinklers are in the area of homes built in 2007-2013. He quoted us approx. $1800-$2200 to fix but could cost less or more.

The sprinkler system has been turned off since 2009 in the inoperable areas and only newly built townhomes had sprinklers turned on at the time sod was lain, however shortly after they were turned off.

What, if any recourse can we take at this point? Are home builders required to make sure all common areas are in good working condition before turning the HOA over to the residents? Are home builders required to disclose inoperable/ damaged equipment to the residents before or during transition of HOA?

I dunno how I missed it but you said the sprinkler contractor gave a verbal estimate of $1800-$2200.

To me, this is chump change. Hiring an attorney to research the law for you and then pursuing the developer through legal channels is going to cost you a bundle even if you win the battle five years from now.

If this was my decision to make, I would make a demand on the developer while also checking out whether there is a bond to make a claim against; if nothing pans out then pay out the money for the repairs and get on with your lives. The cost of the repairs is roughly $30 per unit.

During the turnover, do the residents have any requirement to turn on the sprinklers to make sure they are running properly, and examine all the other items to make sure they are correct before completing the turnover? How does anyone know that the irrigation was not working in March? If irrigation problems existed since 2009 why was the builder not made to correct everything before the turnover? I am not trying to defend the builder, I am just not knowledgeable about this process.

The developer ran things until March of 2015. My understanding is that everything is required to be functional at turnover. The fact that some damage was done six years earlier and left unrepaired should not relieve the developer of his duty to turn over a functioning sprinkler system.

I am not sure where residents would be given rights to inspect before turnover. It would be nice but I do not know of any requirements that it happen.

There was recently an appellate case here in Florida against Maronda Homes where it was determined there is an implied retroactive warranty on essential services like sewer and water pipes and drainage ponds but not irrigation lines. I cant imagine there not being a requirement or opportunity for the homeowners to test the irrigation system but that being said, the poster said there were problems since 2009 so they knew there were problems and still allowed the turnover to occur. So were there reserve accounts set up sufficient to repair the system?

Thank you LarryB13 for the advice, We will make a demand to the builder and check to see if there is a bond.