Developer charges HOA

Started by ChristyS3 • 3 replies • 952 views

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ChristyS3 (Missouri)
Posts: 1

Posted:

Our HOA is still run by our developer as they keep control until the last house in the subdivision is sold. This past weekend, someone filled a construction dumpster with couches, tables, and other household items. Without determining if it was a homeowner, the developer decided that she was charging the HOA $400 to haul away the dumpster as this keeps happening.

In the area of town we are in, which is mostly rural, it is fairly common for people to illegally dump anywhere they'd like so I truly believe that this was someone trespassing in our subdivision.

Can she charge the HOA for this with no proof that the HOA or any of its members are at fault? I think since she did not secure her construction site, that this is a cost of doing business.

SheliaH (Indiana)
Posts: 6,964

Posted:

Unfortunately, the developer may be able to do whatever they want until the community's turned over to the homeowners.That being said, you could protest - unless she has proof this was a homeowner, I would agree this may be a cost of doing business for the developer. If she knows who it is, why not charge the guilty homeowner?

Dumpsters do tend to attract a lot of illegal dumping - unless you have someone (or a camera) watching it 24/7, there's not much you can do, other than lock it, like they do at my office park. We have several dumpsters in our community and this happens all the time, either in the middle of the night when everyone's asleep or during the day, when most people are working. And we still have the homeowners who think the dumpster is their private property to put in all types of crap.

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

BenA2 (Texas)
Posts: 1,273

Posted:

Does your CC&Rs give control of the HOA to the developer until the last house is sold or does she just have control of the development? If you have a board, they would have to approve any expenditure.

Typically, I believe the developer may appoint the initial HOA board members but once that happens, the board makes the decisions.

DouglasM6 (Arizona)
Posts: 724

Posted:

If your HOA is still developer controlled, yes. They can do that.

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