Developer Controlled HOA in Florida

Has anyone been successful with getting their developer to turn over the community early or have them appoint a homeowner to the board before turnover?

I currently live in a developer controlled HOA in FL. The community has 6 phases and phase 1 started in 2003. We still have phase 6 to go. But currently we're close to 90% for turnover. Our board has been a revolving door of developers since 2003. Homes in our community have been built by at least 4 different companies.

All communication with the board (developers) is run by the management company. We don't have contact information for the board other than their names.

The issues:

Amenity Center is deteriorating (wood rot, missing soffits, etc) and the management company has told the homeowners in Feb 2017 that they were seeking bids. A recent meeting with the management company in Sept 2017, they're still seeking bids.

Communication with the management company is incomplete/insufficient. Only half truths are being told which have left the relationship with the management company & homeowners to be tense to put it mildly. Many of our annual meetings have been screaming matches.

I'm trying to push for turnover by the board with scheduling a neighborhood meeting to inform the community (more than 700 homes). Also trying to get some committees formed.

I moved in an already established community and don't have direct experience with this subject, but you might want to check out the Community association institute (CAI) website, which has a number of education resources for HOA residents, boards and committees. There's also literature on what homeowners should look for when the community is turned over from the developer - there could be some useful tips for you and your neighbors to make some plans, as well as how to respond if the developer considers the lack of communication. Good luck!

Thanks everyone. In Florida turnover is 90% of all phases. Phase 6 is at zero right now. We pay annual assessments and that's what is used to complete the repairs on the common areas, community events, etc. The developer contributes a certain amount since they have lots. Since we're so close to turnover, I'm concerned with them delaying repairs. I agree we probably shouldn't rush it. But we have no meetings/input on how our assessments are spent. And no resolution to issues we bring up. It's frustrating at this point.

Now we know. This is our 3rd home and only 2nd in an HOA. We didn't realize that there was 2 additional sections that needed to be built out when we bought out home. We were told that one section was conservation land. We thought our section was the last.

Our CCRs state that the developer is in control until 100% is conveyed. But FL supersede that and it's 90%. We are at 87% total completion. However, the new phase hasn't be built. So we don't technically have the 90% in all phases.

I have a letter from the management company dated 02/2017 that state they are seeking bids to complete repairs in the amenity center for the wood rot.

Thanks Gwen. I didn't even consider the roads and those are completed in the new phase. We don't have any contact with the current board. All communication is thru the management company who also doesn't communicate well. So, we're in limbo. Paying annual assessments and individually requesting the property is maintained. Without a homeowner making inquiries, nothing seems to get done.

Allum

Part of what Gwen posted:

(a) Three months after 90 percent of the parcels in all phases of the community that will ultimately be operated by the homeowners’ association have been conveyed to members;

Says to me they do not have to turn over until 90% of Phase 6 is complete.

OK ... FL State Statute for Single Famility Homes states:

720.307 Transition of association control in a community.—With respect to homeowners’ associations:
(1) Members other than the developer are entitled to elect at least a majority of the members of the board of directors of the homeowners’ association when the earlier of the following events occurs:
(a) Three months after 90 percent of the parcels in all phases of the community that will ultimately be operated by the homeowners’ association have been conveyed to members;
(b) Such other percentage of the parcels has been conveyed to members, or such other date or event has occurred, as is set forth in the governing documents in order to comply with the requirements of any governmentally chartered entity with regard to the mortgage financing of parcels;
(c) Upon the developer abandoning or deserting its responsibility to maintain and complete the amenities or infrastructure as disclosed in the governing documents. There is a rebuttable presumption that the developer has abandoned and deserted the property if the developer has unpaid assessments or guaranteed amounts under s. 720.308 for a period of more than 2 years;
(d) Upon the developer filing a petition seeking protection under chapter 7 of the federal Bankruptcy Code;
(e) Upon the developer losing title to the property through a foreclosure action or the transfer of a deed in lieu of foreclosure, unless the successor owner has accepted an assignment of developer rights and responsibilities first arising after the date of such assignment; or
(f) Upon a receiver for the developer being appointed by a circuit court and not being discharged within 30 days after such appointment, unless the court determines within 30 days after such appointment that transfer of control would be detrimental to the association or its members.

For purposes of this section, the term “members other than the developer” shall not include builders, contractors, or others who purchase a parcel for the purpose of constructing improvements thereon for resale.

(1)(b) Is why I asked what is the specific information contained in your CCR's.
(1)(c) Could apply if the Developer is NOT properly "maintaining" any amenities as noted in the CCR's.
(1)(e) Applies if the Developer SOLD the lots to another and yet DID NOT transfer development rights and responsibilities.
(1)(f) Applies if the developer is not performing and the membership has applied to submit the HOA to a receivership. This should NOT be considered unless you are in a complete total mess. The Receiver (which is generally a court appointed attorney) will include and assess the homeowner's their fees on top of your HOA assessments. If at all possible you want to avoid this scenario.

Keep in mind via the last paragraph that you potentially have many other developers building homes and they CANNOT be included in the 90% as noted in the State Law. Again, my question is does your CCR's note a different percentage???