Developer Street turn over

Started by RobertM41 • 4 replies • 1031 views

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RobertM41 (California)
Posts: 2

Posted:

Our community is 20 years old and the developer has yet to turn over the streets to the HOA. Is there a general understanding as to the condition of the streets? They are in poor condition with patch work over 30% of the community.

SheliaH (Indiana)
Posts: 6,964

Posted:

I'm not sure what you're asking here. It seems odd that the streets weren't turned over along with the rest of the HOA - or that no one's taking this up with the developer after 20 years. Has anyone talked to the developer about this? What was the response? If the developer is still around, it may be he/she doesn't have the money to maintain the streets - how many streets, in terms of miles, are we talking about? Do you have a HOA board that handles other community common areas? Have you talked to THEM to see what they say?

You might want to look at the documents filed in your county recorder's office as well as recheck your documents to see if the roads are supposed to be maintained by the city.

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

RobertM41 (California)
Posts: 2

Posted:

Sorry I was not clear. Yes the developer is still in business. We have two streets with 61 homes in a gated community and the HOA will own the streets after the turn over. I know that 20 years seems crazy, but they forgot and with our limited usage they are kept in pretty good condition. So, the developer wants to "turn over" the streets after doing 20 plus patches and a slurry coat. I believe the intent was to turn them over in like new condition.....which they are most certainly not.
Any advice will be greatly appreciated,
Bob

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Robert

Is the developer still building in the neighborhood? Has he already turned the association over to the owners?

SheliaH (Indiana)
Posts: 6,964

Posted:

Unfortunately, as long as they're still running the show, the developer may be able to do whatever he/she wants at this point. It sounds to me like they want to get out as soon as possible and let the homeowners deal with the streets (which, as you might imagine, isn't cheap).

Has the developer established a HOA board (of homeowners) who will serve as the initial board after the turnover? If that's currently in the works, this would be a great time for you to volunteer for it. If you get on the board, you may want to check out the community association institute (CAI) website, which has all sorts of educational information for new and experienced HOA board members. Some of it addresses developer turnover and all the issues that can arise with it - take a look at that and your board can work to develop a plan to have the streets (and perhaps a little more - or a lot) addressed before the community officially changes hands.

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

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