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ChrisD12 (South Carolina)
Posts: 8
Posted:
Pretty much as the title says, I found a quitclaim deed for our detention pond from our developer on our county website. The problem is the pond is unfinished (Open project according to the county). It was not been maintained, is overgrown and does not have the required fencing around it. This is one thing in a list of unfinished projects from our developer (roads, sidewalks, etc). I have called the county a few weeks ago and they said they were going to make him redo it and will be getting bids for the project. I assumed he meant that he is going to make the developer redo it but now that I read about this quitclaim to deed it to our community, I’m unsure. Plus it was deeded to our communities HOA (which doesn’t even currently exist because we are still under developer control).

We are single family residential development located in South Carolina).

Thanks for any guidance provided.

Chris
SheliaH (Indiana)
Posts: 6,964
Posted:
You need to take this to your association attorney for guidance. I do hope you documented your findings and provide that as well.

If the country is going to require that the developer finish the pond, stand back for now and see what happens. Continue to document what you see and provide updates to your attorney.

I assume you're on the board and keeping your colleagues informed. If nit, let them know what you found because the association attorney works at their direction and They need to be spearheading all efforts to compel the developer to finish the pond, complete the roads and whatever else is on the community's punch list.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SheliaH (Indiana)
Posts: 6,964
Posted:
I just realized you said you're still under developer control, which changes this a bit. Until the developer turns the community over to the homeowners, it can do what it likes at its own speed. If you say there are areas that aren't yet completed, it may be the developer has financial issues, which can affect how fast homeowners get control.

You didn't say If you talked to the developer about this quit claim deed - if not, you should. There may be something in the works to fix this, so you'll have to be patient. That said,I'd still keep track on what hasn't been done - As time approaches to the homeowners taking control, the new board will need to pressure the developer to get the work done before takeover.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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