Developer didn't abide by docs/now it's turnover time

Started by MaureenS4 • 4 replies • 966 views

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MaureenS4 (Florida)
Posts: 8

Posted:

We are a community of 150 home sites in SW FL. We're turning over this month to manage the community and have discovered the Developer (also the previous board and ARB) approved things that go directly against the docs. (ie: he approved fence construction on a saltwater waterfront lot, he approved request for a resident that didn't want a sidewalk in front of their home). So, how does the first BOD address these issues? Do we hold the resident responsible and make them go after the Developer for restitution? What is the RIGHT way to address this?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

My first blush is there is nothing you can do as the Declarant probably had the power to grant waivers. The same as you BOD might have.

Having done so does not mean others can do it and this must be made clear.

LetA (Nevada)
Posts: 2,679

Posted:

That's the beauty of a developer, they can change things as they develop the property. As for the sidewalk, that's the advantage of buying early.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Generally once an association has approved an ARC request, that approval stands and can't be rescinded. It doesn't matter if the developer controlled the association or not, it's still the same association. You could try to pursue the developer, but I'm not really sure what damages you'd be going for. At this point your best bet might be to make sure the docs are followed going forward.

Escaped former treasurer and director of a self managed association.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By DouglasK1 on 08/07/2017 10:37 AM
Generally once an association has approved an ARC request, that approval stands and can't be rescinded. It doesn't matter if the developer controlled the association or not, it's still the same association. You could try to pursue the developer, but I'm not really sure what damages you'd be going for. At this point your best bet might be to make sure the docs are followed going forward.

Agree and sound advice. Unfortunately FL gives a developer a lot of permissions not allowed in some other states. When my mom was looking at buying another home and considering FL I told her DO NOT purchase in an HOA where Developer still had control. Because she wanted a newer less than 10 year old home ... she could not find one in area where she was looking which met my criteria. Instead she purchased in another state. In FL the developer can make allowances so I would just take what you have and move forward.

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