Developer refuses to comply w/Master Deed

Started by KennethH4 • 5 replies • 1763 views

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KennethH4 (Michigan)
Posts: 3

Posted:

Belleville, Michigan

It has been 10 years now and our developer refuses to comply w/Master Deed and establish a legitimate HOA. Instead, he has one of his people(not a POA), acting as head of our association. In short, the guy is out of control. He trespasses, destroys co-owners property and pretty much does as he pleases. I suspect something wrong here. Has anyone run into this problem? If so, is there a remedy?

MarkM31 (Washington)
Posts: 351

Posted:

Have any or all or the triggering events occurred? IE: have enough units been sold to where declerant control ends? This should all be spelled out in your CC&Rs.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Ken

As Mark said there should be a procedure for turnover and it will be in your docs. In the meantime if your property is trespassed on, slap a trespass order on his butt.

KennethH4 (Michigan)
Posts: 3

Posted:

Thanks for the reply guys; Yes, there is a procedure for turnover. And yes there has been enough units sold to conform with the Master Deed cite, as there was six years ago when I tried to organize a proper Association. They've ignored it. And not only have they ignored it, they sabotaged my efforts. That's why I'm pretty sure something is wrong here.

MarkM31 (Washington)
Posts: 351

Posted:

Time to lawyer up.

And you may be able to recoup some legal fees too.

KennethH4 (Michigan)
Posts: 3

Posted:

Sorry for the late response: Thanks for all your advice, guys. I thinks it's time to lawyer up as well. Again, thanks!

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