Remove developer

Started by GlenM4 • 8 replies • 967 views

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GlenM4 (Tennessee)
Posts: 141

Posted:

hello, I am on the board at our HOA and a lot of the documents talk about the developer. Just wondering if this is something usually removed or just keep in the documents.

I understand it would take 2/3 vote to remove all the mentions about developer. But is it worth it? Has your HOA removed this?

thanks
glen

MarkM31 (Washington)
Posts: 494

Posted:

Usually kept in the documents, because once their reign of terror is over, it's over. You don't need to spend the money.

DouglasK1 (Florida)
Posts: 2,046

Posted:

We put some time, money, and effort into making some CCR changes last year and didn't bother with removing the obsolete developer references.

Escaped former treasurer and director of a self managed association.

BillH10 (Texas)
Posts: 1,217

Posted:

Don't waste the time, and more importantly, the money, to remove the developer references.

If you happen to amend the documents for another reason, it would not be a bad idea to have your attorney look at the developer references to determine if there are any which should be removed.

That was the scenario several years ago with one of our clients. Some references were harmless as they had "sunset" when control was turned over to the association, others contained a degree of ambiguity he felt could work against the best interests of the Association. The attorney recommended those be removed or new language inserted to eliminate the ambiguity.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I would not spend the money simply to remove developer references. Just "read" through them as in ignore them.

SheliaH (Indiana)
Posts: 6,964

Posted:

When we revised our Bylaws, we did remove all references to the developer. I think it's a good idea because it keeps things consistent and since the homeowners are now running the show, why confuse people by referring to something that's no longer around? It's not just about removing the word "developer" - if you look at the words around it, you may find some language that was more beneficial to it than the homeowners and that should be spiked as well.

It does seem like a royal pain, but once you make the changes, you're done with it. If you're worried about spending a lot of money on what you think is minor, you may as well take the time to add, amend or remove some other sections that are unenforceable or impractical for your community. You don't have to tackle the entire document at once - pick a few sections that are particularly vicious and start there.

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

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By GlenM4 on 04/09/2018 6:26 AM
hello, I am on the board at our HOA and a lot of the documents talk about the developer. Just wondering if this is something usually removed or just keep in the documents.

I understand it would take 2/3 vote to remove all the mentions about developer. But is it worth it? Has your HOA removed this?

thanks
glen

My HOA has been talking about removing developer language from our docs for 25 years. We'd like to remove it but the will to do so is weak. It's doing no harm and many people think paying to get it out isn't worth it.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

We removed our references to the Developer. It included their addresses, voting rights, and has to be an owner to be a member references. The last one being overlooked.

Don't know why once your turned over to the owners one would not change this. It confuses people who reads the documentation. It also gives an opportune time to make other changes as well.

Is it hard to do? Yes. Requires 2/3rd vote and maybe a special meeting. It can cost a few thousand dollars in legal and filing fees. Not to mention distribution costs if choose to distribute.

I will say it was well worth the effort to do this when we did it. I recommend it highly.

Former HOA President

GenoS (Florida)
Posts: 4,276

Posted:

For us it would be easy to do but not worth the effort. As you can see, your mileage may vary.

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