HOA Turnover

What is the best way to request a meeting with the Declarant/Developer to turn over an HOA? We are 75% complete. Do they have a specific number of days in which to respond? Do they need to meet with all the homeowners? We have about 900+ households. How do we hold the meeting, at the clubhouse, at another neutral location and how many people need to be present?
Currently we have a self-designated transition team who has gathered together, emailed, read the covenants and met with a laywer. We are putting our heads together and trying to move this forward.
Tell us the best way to proceed.

Hi Jeanette:

You might want to ask the developer if the turnover process is under way. Sometimes, once the magic percentage is met, they have to figure out where the meeting will be held and make arrangements for the space on the desired date, etc.... and then again, there are times when the developer just isn't aware of the percentage sold. If you have a manager, a call to see if the process has been started would be a smart move.

J. Patrick Moore, CMCA

Jeanette, if you have met the conditions for "transition" as stated in your governing documents, then the time is now.

You are on the EXCELLENT track if you are developing plans to retain legal counsel, engineering firms, and auditors for transitioning correctly. You have two other responders here, who have backed up your actions. Take a look at Roger's checklist on transition (do a search on main page, upper right side, for "transition"). You will find many posts and checklist information on how should proceed.

Also, look to your state's statute/laws for any information as to what is required to occur during transition. For my state, is specifically stated (it was a small one, though) a checklist that was required in the way of documents and other instruments that the developer/builder was required to turn-over to the community during transition.

Take a look at www.cai.com - and use the drop downs for your state. You will find good state and general information there for what options you have available to you.

Lastly, if your developer/builder was required to submit a "bond" with your state or local municipality, get that information as well.

... you are going to "kill" more than a few trees, printing out all of the required, and helpful information on transition....