💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

ChadU (Ohio)
Posts: 1
Posted:
I live in a new community in which the developer still runs the HOA. The developer also owned the land in which my neighborhood currently exists. His personal property(22 acres) is adjacent to my neighborhood and he has annexed it into a different township and recently put in for a zoning change to build 250 condos on his 22 acres. The residents of my community oppose this because of the increased traffic it will create and also feel that our property values will go down as the previous wooded lots are torn down and replaced with condos.

I feel this represents a conflict of interest and am wondering if we have any legal rights in 1.removing him from head of the HOA or 2. create an opposition,through the HOA, against the condo development because of the negative effect it will have on the houses in my neighborhood (i.e decreased property value).

RogerB (Colorado)
Posts: 5,067
Posted:
1. Removing the developer from President of the HOA depends on whether you have enough votes to do so.

2. If the developer has to go through a planning commission you can organize and oppose the condo development during their hearings. You will have a better case if the land is not currently zoned to allowed condos.
LuciusD
Posts: 139
Posted:
If "still runs the HOA" means the association is still in the "Declarant's Control Period" it may not matter how many votes you have.
It seems to me the first step is to inspect your declaration very carefully to determine what the declarant's rights and reservations are and what the specificed procedures are for relinquishment of declarant control.
If you are still in the legal "Declarant Control Period" the developer is in charge. In this case there is no "conflict of interests". He is serving his own interests. Why do you think he built your sub-division in the first place?
LisaS (Illinois)
Posts: 341
Posted:
As a Realtor (from your brief description), I agree with your assessment that home values will decrease. 250 condos on 22 acres in a lot!

The best avenue to oppose this is liekly at the zoning hearings. While you may not win (even if you are able to organize) you may at the very least be able to have some input for the project. For instance, if you have a strong argument regarding traffic, it can be diverted to another path. Existing tree line? Request it remain as a buffer. Too much density for the traffic on surrounding roads? request lower density.

Be prepared for the fact that your developer likely has a good attorney (there's lots of $$ involved for him...)and you municipality may be in bed with him (again, there lots of $$ involved...)
Lisa

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here