Builders within a community

Until the builder turns the community over to the homeowners, it can pretty much do what it wants, so you'd have to see what, if any powers the homeowner board currently has. Take a look at your documents - this HOA board may have more say in what the homeowners do, and even their power is dictated by the developer.

Sounds like builder might just be a property owner.

That is the answer I have believed. Some argue that they are the builder and pay nothing more than dues and only WHEN it suits them which is pretty much when the house sells. I've said they are an owner just like the rest of us and should be treated as such.. Late fees and all..

All the research I have done leads to this answer so no worries! Just thought I'd ask all of the knowledgeable people here...

Melissa is correct- I’ve seen this, as well.

They are not late. Late charges are punitive. There is no punishable issue here as not required to pay till platted.

What result do you want? Just more money for a non profit? Do not think understand how budget works in a HOA. It is not like your personal accounts. Nothing to be mad about here.

If fees are legally owed, I would place a lien on the property. It will be paid before or at closing of whoever purchases the house. You must do this before the house sells, or it gets harder.

Just who does own the lot?
I believe it would be platted to build upon it.
If the builder owns the lot, he is responsible for HOA dues.
If he is building for the property owner, the owner owes the dues.

Do you have an ACC?
How did the builder get permission to build?
Any review of the house plans?

If there are dues owing on an empty lot and someone wants to build on it,
there will be no approval from the ACC until dues are current.

The builder, if the owner, would receive a prorated amount of those dues back at closing.

The no dues on undeveloped lots is not always correct. When you purchase a
lot in many subdivisions, you are automatically a member of the HOA,
house or not, and are subject to dues.

The basic question is when does one start paying HOA dues? Upon platting? Upon building a home? Upon sale/occupation of the home?

Look to one's Covenants for an answer. If not their, your choice and be prepared to defend anything other than upon sale/occupation and maybe defend such in court.

Like to point out that late fees are not necessarily be part of a lien. Meaning you can't just lien for late fees. It may need to be a combo of dues, late fees, interest, and legal/filing fees. Late fees are punitive measures. Which are not subjected to liens similar to fines.

And if the lien is for a small amount, do you really think the buyer or seller is going to throw a fit and get legal with you? No, they are simply going to pay it to buy the house.

Fines can be included in foreclosures in PA. But non-judicial foreclosures are not allowed in PA.
Also, HOA liens are automatic on all charges (including fines) without the need to file.

If I'm not mistaken, non-judicial foreclosures are allowed in AL. Very different.

Please be careful with your generalizations about what "most states" do. Things are quite a bit more complex than you make them out to be.

We have an attorney of record who has a very large HOA legal firm. We are a little fish in a big pond for him. He has not been called on by us for much but when he is, he is not responsive. We will be keeping him as our attorney of record as his firm's name scares many off, thus protection for us.

We recently began cracking down on late dues payers and our first step was to turn to a well respected/recommended local attorney to handle these issues for us. Point of my story is the new attorney said "ANY" money owed to the HOA could be included in liens/foreclosures. I asked about fines? He said yes. While they could not be used as the basis for such, meaning only late dues can be, but any money owed to the association can be added as part of what is owed to the association. I found that interesting.