New HOA

I bought 5 acres of property in AZ in Dec of 2015. There are 118 5 acre lots and we were originally told not to worry about the CC&R's since there was nobody there. We moved onto the property in our motorhome while deciding to build a house. We had a pad cut, septic, electric and water installed.

Recently a new developer bought all of the unsold properties and sent a letter about paying a $200 assessment as is in our CC&R's.

My question is: I read that once 20% of the properties are sold, the HOA is to be handed over to the newly formed HOA, and THEN the HOA will assess the fees, not the developer.

She told me her attorney said that since she owns 80% of the lots she has the right to make the assessment since she has all of the voting power. Is this true? Can she, as the developer retain votes?

I don't mind sending the assessment, it is not much, even though it to be sent to the developers home in Las Vegas NV. My point is I just feel this needs to be done right. And if she is correct, I will submit the fee. If she is not correct, I want to help her do it right.

Thanks,

Alan

I have never seen a number as low as 20% to turn an association over to the owners. The lowest I have ever seen is 51% and more typically over 90%.

You said you were told to nevermind things. Who told you this?

Hi John,

The original developer, the real estate agents, and the local builder said not to worry about the CC&R's since there was virtually nobody living here yet. All of this was said verbally, I got nothing in writing, which is very unlike me.

The new developer who bought the rest of the development is starting the HOA assessment. She claims she doesn't want anything to do with the association, so I am trying to help. I am now the only resident, living in RV's while I put together funding to build a house.

Another issue: Getting construction loans.....