Has anyone changed the declaration to remove the builder from the board?

Started by HomE • 4 replies • 767 views

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HomE (Washington)
Posts: 29

Posted:

My HOA has a builder member on the board to serve the interests of the commercial spaces. This obviously is not a great situation if we need to sue for warranty reasons. Has anyone ever been in this situation? Have you changed the declaration to remove them?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Why would you sue for warranty issues? Is the developer still in charge? If so, then they can pick who serves on the board. As long as the developer/builder is still in the picture and not the owners, then you can't change anything. The owners should once they are the owners. Plus is this not an election thing and not a rule thing?

Former HOA President

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By HomE on 05/07/2018 12:30 PM
My HOA has a builder member on the board to serve the interests of the commercial spaces. This obviously is not a great situation if we need to sue for warranty reasons. Has anyone ever been in this situation? Have you changed the declaration to remove them?

Does the builder still own any units? If he's just there to serve the special interests of the commercial spaces can't the non-commercial unit owners get rid of him at the next election? What language in the governing docs gives him the right to be a director?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Generally declarations are changed to “remove” the builder only after their rights (generally noted in the CCR’s) have expired OR when the developer no longer owns any properties within the HOA. As others have noted the information you stated does not provide the information needed to better answer your question.

Have you read and reviewed your state laws (both Construction and HOA)? I’m not very familiar with WA laws, but sometimes those laws can cover these type issues and answer your question.

JanK (Washington)
Posts: 1

Posted:

Yes. I am a Board member and also live in Washington. We involved our attorney to do the wording of an amendment to our Declaration and file the resulting approved amendment with the state. Check your Bylaws, as you typically need a majority homeowner vote to approve the amendment. It's important to do this once the builder no longer owns any of the units and control is turned over to the homeowner Board.

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