Commercial prperty in a Master Association

Started by MarniD • 1 replies • 182 views

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MarniD (Florida)
Posts: 39

Posted:

Our community is set up with a Master Association which is developer controlled. We have 172 homes in the single family, which now pays for everything to do with the community, our dues are paid to the developer and he pays the bills. We have an HOA. The developer also is in charge of who the property manager is as well as the attorney for the community. There is a tract which is going to be 200 townhomes which has now broken ground,and will have their own HOA and then there are 2 commercial tracts that are for sale. According to the developer, each sub group will be part of the Master and pay dues accordingly to the way it is set up. Mainly the 172 single family homes will pay the most. My questions is this, what liability will the HOA incur on that commercial property? For example, if a strip mall is built, who is responsible for any injury's or other problems that can occur on that property, is the HOA for 172 homes in any way responsible?

LoriM15 (Florida)
Posts: 1,009

Posted:

Our community was set up exactly the same way. First came the single family and duplex section. Then three condo sub-associations. There was also a section set aside for apartments and several plots of commercial property that ended up being a strip mall and medical office buildings.

Our moster association owns the private parkway that all of these parcels share. However, the apartments and the commercial properties are not part of our master association. The developer sold those off and even though they share our private road, they are not part of our association. I can't imagine that the developer means for the commercial property to be included in in your HOA. How would that work?

In our case, we are not responsible for any upkeep and we don't have any liability for what happens on the separate commercial properties. In fact, we had to have the county step in to help us make the strip mall keep up their landscaping. The apartments share one of our lakes so they are actually members in (and contribute money to) our separate "stormwater council" that handles all the water runoff and infrastructure, but they are excluded from our regular HOA.

It sounds complicated but works well for us.

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