Cover letter for petition to take over HOA

Started by Faye • 1 replies • 2587 views

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Faye (Texas)
Posts: 1

Posted:

My community's undeveloped land is being sold by the orginial developer(in California) to one who is local in Georgetown, Texas. He is making all old CCR's suborinate to the new one he will be using when he developes the rest of our community. Everyone living in the already built out phases 1,2,3 want to form our own HOA and take it over from the orginial owner before he closes the deal with the new buyer. We pay no dues now. The New buyer says he will hire a outside firm to manage the HOA and start charging dues as soon as he has full ownership. The new buyer is also doing this to another community he brought, It has fines, fees, and he is know to want the HOA to foot the bill for a pool and clubhouse.

My question is can we form our own HOA for phases 1.2.3 ??? And can he change our CCR's without our knowledge or vote??? Thanks in advance for any help you can give me.

P.S. I need a cover letter for the petition we are signing to sent to the orginial developerin California. Does anyone have any wording ideas??? HELP !!!

RogerB (Colorado)
Posts: 5,067

Posted:

Faye, you can try to separate phases 1,2,&3 from the rest of the development. I suggest you immediately contact a good HOA or real estate attorney to try to achieve your goal. The developer probably has sufficient votes to control the development and may not want to separate his development into two HOAs. But you can try.

The developer does not have the right to amend the CC&Rs without following the requirements specified in the current CC&Rs. Read the section of the Declaration on "Amending the Declaration" and require the developer to comply with those requirements.

The developer probably has the right to sell contingent on any requirements specified by the controlling govenmental agency. So what do you hope to accomplish, request, or require from the developer?

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