Common area not "turned over" and responsibilities

Started by AndreaS5 • 7 replies • 1876 views

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AndreaS5 (Pennsylvania)
Posts: 4

Posted:

Six months ago I moved into a planned community with an HOA in Pennsylvania. I am in phase 2 of the development and it consists of eight houses. Phase 1 of the development consist of 40 other homes and was completed about 10 years ago (they needed EPA approval to start phase 2 hence the span). The problem lies with the common areas in my section not being properly maintained (ie: nobody cutting the grass). We have reached out to the HOA, Township, and developer. The HOA states that it's not their responsibility to maintain the common areas/open areas in our section because it has not been turned over by the developer (The developer has yet to finish some things). The contact I have with the developer says they will contact somebody else (higher up) and nothing has yet to happen. The township pretty much said that they're two separate laws one covering the common areas and another covering the streets and their only interest is in the streets. They said they would reach out to their contact with the developer but other than that nothing.
I have read through the covenants and bylaws. There is nothing in them that states the association has no responsibility until the common areas are turned over. In fact there are a lot of sections which states that it's associations responsibility to care for common areas/open spaces and as a member of the Association I have the right to compel them to enforce the covenants.There is also a section stating the township can compel the association and even leverage fines against the association for failure to take care of these areas.
Who is currently responsible for these areas? How can I get them to take care of them? Thank you.

SheliaH (Indiana)
Posts: 6,964

Posted:

Unfortunately, you may be stuck if the developer hasn't turned the area over to the association (why maintain something they aren't legally responsible for? At least not yet) What did the developer say when you contacted them?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

ND (PA)
Posts: 792

Posted:

Whoever owns the area is responsible for maintenance. If areas haven't been deeded by the developer to the HOA, then the developer still owns them and is still responsible. You need to resolve your questions with the developer and see if they tell you the same. If stories are different, then certainly keep asking questions . . . but be polite, professional, cooperative, and helpful. On the surface, this seems like a minor issue that people can work together to tackle. No need to make a huge issue IMO.

AndreaS5 (Pennsylvania)
Posts: 4

Posted:

I only had the one number to the developer who is our home care specialist. Myself and many of my neighbors have brought our concerns to him. Each time he promised that he would contact someone to have it mowed. There were also promises of when they would start to finish the area and the deadline has since passed. This last time I contacted him he stated that he would contact the regional manager. This developer is known for taking their time in finishing common areas and streets which will ultimately be deeded to the Township. Just recently the township had to step in after a two-year battle with them to fix problems in another development.
I know that technically the property is not deeded to them and I'm very understanding of this but myself and many of my neighbors are becoming increasingly frustrated. We paid a significant amount in HOA fees most of which go to landscaping (there is no clubhouse, pool, playground, tennis courts, etc. only open grassy areas, trails, and retention ponds). Many of my neighbors including myself are wondering where our money is going as that we've generated a surplus for the HOA but have added no expense at this time. There is annual meeting next week and that's why I'm trying to get answers as myself and many of my neighbors plan on attending.

Please note that the questions to the HOA were directed to the management company and not to individual board members. I know they are volunteers. I was told someone from the management company will be at the meeting. I plan on bringing my concerns to the management company and board members at the meeting. I would hope that they would work with us to help alleviate this problem. We're not asking for the area to be completely finished off at this time all we want is for the waist high grass to be mowed. Thank you again for your responses.

ND (PA)
Posts: 792

Posted:

A quick search on the internet for your developer should provide numerous other contacts who you could go to with your questions. If no acceptable response is received in a reasonable amount of time, then be persistent.

Waist-high grass not being mowed sounds like a county/township code violation of some sort too. Go to your township with that. They should in turn contact the developer and demand the grass be mowed. They have more clout than you do as an individual homeowner. Attend a township meeting to voice your concerns in person too.

Your frustration is understandable; however, it should be with those who actually have the responsibility and power to do something . . . and I don't think it's the HOA, HOA Board, and/or Management Company at this point.

In reality, if your HOA contractor starts maintaining property that is not yet owned by the HOA, then the HOA would inappropriately be opening itself up to unnecessary risk and liability. The chance of something happening is slim. But if the HOA stays out of it (as they are right now), then the chance of something happening drops to zero.

AndreaS5 (Pennsylvania)
Posts: 4

Posted:

Thank you for your responses. Thankfully the mowing of the common areas are now moot ( at least till the spring). My latest round of phone calls on Monday finally got through and the developer showed up this afternoon to mow. I saw someone walking around so I did question them and found out when they're going to finish as well as what they will finish. This was the person that the township mentioned is the contact person so at least now I have another name for the future. I still plan on attending the meeting as I have other concerns after reading the bylaws and previous minutes. It's important to me to be an active participant in something that I put money to.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Andrea

It might well be that the Declarant set up Phase 2 (your phase) as a separate corporation and has yet to (and may not have to) turn it over to the Phase 1 HOA. I would look into this.

AndreaS5 (Pennsylvania)
Posts: 4

Posted:

Could this still be the case even if I'm paying HOA fees to them and them enforcing rules on us? Would the township know the answer to this? I know they have to file things with them.

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