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ChrisD12 (South Carolina)
Posts: 8
Posted:
Our subdivision is still under control of the developer and located in SC

Who should pay for signs in the subdivision such as speed limit, curve ahead, etc. Not necessarily road name signs.

On a second topic, who pays for detention pond maintenance?

We are supposed to establish an HOA in October and take it over from the developer at that point

Thanks
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Chris

First, Welcome.

What type sub-division are you, ala private homes, duplexes, condo building, etc? How many members do you have? Will you be 100% owner occupied upon turnover? What amenities do you have? What are your present dues? Are your streets public or private? Is your association part of a larger association?

Your answers can change/vary replies to your questions.

There is an HOA (Corporation) even when under developer control of which I assume you are presently paying dues to. At present the Declarant controls the HOA but he will turn control over to the owners at transition time.

As far as road sign are concerned, you are assuming some are needed. Do not be so sure of this. That said, in most cases the Declarant will/should have already installed them if required.

The HOA is responsible for retention pond maintenance. It was deeded to the HOA from the get go.

When a turnover happens there are several things to be sure of:

1. If not private streets, that the municipality has accepted the streets which would include mandated (if any) proper signage. Ours are public streets and other than street signs, we only have one sign that says No Exit. Again, do not be sure road signs are required.

2. The HOA does not owe the Declarant any money. When under Declarant control if an item(s) cost more then the existing dues can cover, the Declarant can loan the HOA money and you all might have to pay it back.

3. That a Reserve study has taken place and there is an appropriate amount of money in the Reserves as per the study.

4. That the dues structure covers Operating Expenses and adequate Reserve funding.

In our case our dues, at take over, covered the Operating expenses including adding some to the Reserves. After two years under owner control, it became obvious our Dues could not contribute enough money to the Reserves for what would be needed. We had to implement a 40% dues increase. From $600 per year to $840 per year which is $70 per month, payable monthly. We are 112 standalone patio homes, no amenities (nada, none), and public streets but a Dead End neighborhood so little to no traffic.

People out here will be willing to answer any of your questions but in order to give the best answers more information might well be needed from you.

Hope this helps.

ArtB1 (Florida)
Posts: 97
Posted:
As a heads up, make sure you have an independent audit of the books turned over and of all landscaping and retention ponds.

We made the mistake and are now stuck

SheliaH (Indiana)
Posts: 6,964
Posted:
If you haven't asked the developer these questions, you need to do that as soon as possible. In fact, you really need some sort of punch list to ensure everything the developer promised it would do gets done before the takeover. That's on top of the financial information mentioned earlier - I do hope your soon to be new board is already working on this.

If you go to the community association institute website, there's a book addressing what new HOA boards should do before, during and after the homeowners take over a community - if that book's available, get it (maybe get several copies) so everyone can work together and develop a plan.

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 SheliaH on 08/21/2020 12:21 PM
If you go to the community association institute website, there's a book addressing what new HOA boards should do before, during and after the homeowners take over a community - if that book's available, get it (maybe get several copies) so everyone can work together and develop a plan.

I second this suggestion.
ChrisD12 (South Carolina)
Posts: 8
Posted:
Quote:
Posted By JohnC46 on 08/21/2020 10:10 AM
Chris

First, Welcome.

What type sub-division are you, ala private homes, duplexes, condo building, etc? How many members do you have? Will you be 100% owner occupied upon turnover? What amenities do you have? What are your present dues? Are your streets public or private? Is your association part of a larger association?

Your answers can change/vary replies to your questions.

There is an HOA (Corporation) even when under developer control of which I assume you are presently paying dues to. At present the Declarant controls the HOA but he will turn control over to the owners at transition time.

As far as road sign are concerned, you are assuming some are needed. Do not be so sure of this. That said, in most cases the Declarant will/should have already installed them if required.

The HOA is responsible for retention pond maintenance. It was deeded to the HOA from the get go.

When a turnover happens there are several things to be sure of:

1. If not private streets, that the municipality has accepted the streets which would include mandated (if any) proper signage. Ours are public streets and other than street signs, we only have one sign that says No Exit. Again, do not be sure road signs are required.

2. The HOA does not owe the Declarant any money. When under Declarant control if an item(s) cost more then the existing dues can cover, the Declarant can loan the HOA money and you all might have to pay it back.

3. That a Reserve study has taken place and there is an appropriate amount of money in the Reserves as per the study.

4. That the dues structure covers Operating Expenses and adequate Reserve funding.

In our case our dues, at take over, covered the Operating expenses including adding some to the Reserves. After two years under owner control, it became obvious our Dues could not contribute enough money to the Reserves for what would be needed. We had to implement a 40% dues increase. From $600 per year to $840 per year which is $70 per month, payable monthly. We are 112 standalone patio homes, no amenities (nada, none), and public streets but a Dead End neighborhood so little to no traffic.

People out here will be willing to answer any of your questions but in order to give the best answers more information might well be needed from you.

Hope this helps.


Thank you John and thank you for all of the great info! Here are my answers:

We are in single family homes (156 total)
most owner occupied with some rentals
the last home was recently sold
Amenities include a small pool
Current dues are $450
Roads are public (no final paving)
Not part of a larger association

You are correct about the HOA and developer. He currently makes all decisions but has instituted a ā€œtransition teamā€ to serve as his boots on the ground. This was developed at the beginning of this year and I joined a month or so ago.

I asked about the road signs because we recently received the financials from our property management company and saw a charge for almost $7000 and found out that’s what it was for. At that point there was no transition committee to make the decision to add them but I suppose there could have been a homeowner complaint which triggered the purchase (just a guess).

I’m surprised about the retention pond because we are not even sure it is in working order. It looks like a dumping area for the builder. It might be a builder issue versus a developer issue though. I also wondered because the developer has paid to have it maintained once before. Since the subdivision isn’t built out, I figured they may be required to give us everything in working order. - just an assumption.

Again, thanks for all the great info!

ChrisD12 (South Carolina)
Posts: 8
Posted:
Quote:
Posted By ArtB1 on 08/21/2020 10:26 AM
As a heads up, make sure you have an independent audit of the books turned over and of all landscaping and retention ponds.

We made the mistake and are now stuck


Thank you Art. We will recommend our HOA do this when they are elected. I am currently on a transition committee during the take over process
ChrisD12 (South Carolina)
Posts: 8
Posted:
Quote:
Posted By ArtB1 on 08/21/2020 10:26 AM
As a heads up, make sure you have an independent audit of the books turned over and of all landscaping and retention ponds.

We made the mistake and are now stuck


Thank you Art. We will recommend our HOA do this when they are elected. I am currently on a transition committee during the take over process
ChrisD12 (South Carolina)
Posts: 8
Posted:
Quote:
Posted By SheliaH on 08/21/2020 12:21 PM
If you haven't asked the developer these questions, you need to do that as soon as possible. In fact, you really need some sort of punch list to ensure everything the developer promised it would do gets done before the takeover. That's on top of the financial information mentioned earlier - I do hope your soon to be new board is already working on this.

If you go to the community association institute website, there's a book addressing what new HOA boards should do before, during and after the homeowners take over a community - if that book's available, get it (maybe get several copies) so everyone can work together and develop a plan.

Thank you Sheila. We are currently working on all of this. We have several issues such as our detention pond, sidewalks, final paving of roads, etc. The committee I recently joined just received the financials which we are al, currently reviewing.

Thanks for the info on the book. I’ll be sure to check it out and pass it on the HOA when they are elected.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Chris

It is good that the Declarant has appointed a BOD to oversee/help with the transition. Sounds like it might go a lot smoother than some do. As the Declarant is still in control they could make amendments to the Covenants/Bylaws without owner approval. I suggest your BOD review your docs to see if there are any changes that could help in running the place once under owner control. Our Advisory BOD (I was on it) had our declarant make several changes before the turnover.

Be sure the local municipality has accepted the roads from the Declarant. This means the roads meet municipality requirements. I would also be sure who is responsible for paving them. The Declarant or the municipality. Roads are one of the biggest issues in turnovers. Cover yourself on this.

Storm water sewers empty into retention ponds. This is to prevent the storm water from causing a flood. The retention pond will have some sort of runoff for when the pond gets to high so the water can runoff slowly/controlled. Retention ponds can become stagnant if they only collect stormwater meaning no other source of water such as a stream flowing into it. If stagnant water then it would require a fountain to aerate the water.

ChrisD12 (South Carolina)
Posts: 8
Posted:
We have already had several discussions regarding the bylaws that we are going to bring to the attention of the developer before the transition takes place.

Our county has yet to sign off on our roads or the detention pond. Both are still open projects for them. That leads me to believe the community may not yet be responsible for either - yet. We were told that the roads are definitely the developers responsibility once the last home is sold (which was a month ago).

I’m just a little concerned because I am in construction and know how long things take! Luckily we aren’t pressed to get things transferred over in October.

Thanks for the info!
ChrisD12 (South Carolina)
Posts: 8
Posted:
We have already had several discussions regarding the bylaws that we are going to bring to the attention of the developer before the transition takes place.

Our county has yet to sign off on our roads or the detention pond. Both are still open projects for them. That leads me to believe the community may not yet be responsible for either - yet. We were told that the roads are definitely the developers responsibility once the last home is sold (which was a month ago).

I’m just a little concerned because I am in construction and know how long things take! Luckily we aren’t pressed to get things transferred over in October.

Thanks for the info!

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