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LarryD13 (Texas)
Posts: 25
Posted:
Our subdivision is scheduled for transition in the next few months. It appears we have no rights and must accept whatever the builder leaves behind. I know we need a lawyer. Does anyone know of a good one who has experience with HOA transitions in the Fort Worth,Tx area?

I doubt there will be much of a transition process. The CCRs merely state that an election will be held to create a new board.

We have significant issues with the builder regarding the common areas. ALL of the articles I have read state that the new board should conduct surveys and then consult the builder for resolution. I am sure the builder will be happy to whip out his wallet and write a big check!

It is my understanding that at transition the new board "accepts" the property and all legal responsibility for it. Are we essentially forced to do so even though there are significant issues with the condition of the property?

Please provide wisdom and advice.

Thank you
TimB4 (Tennessee)
Posts: 21,062
Posted:
Larry,

The owners need to get together and find out their rights.
Many builders are required to put up a bond with the city. The HOA, with an attorney, can put a claim on that bond if it hasn't been returned.

Here is some information on transitions:

Transition from the Community for Association Research

Developertransition.com This website is intended to specifically address the issues facing townhome, condominium, and homeowner associations in North Carolina. [still has good general information as well]

Checklist For Transition To Homeowner Control from CO attorney

TRANSITION PLAN 10 page plan from an HOA

Subject: HOA transition from developer control to homeowner control thread on this forum that discusses having a Transition Study done by an engineering firm.

Hope this helps,

Tim

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