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CynthiaC9 (Texas)
Posts: 2
Posted:
Purchased property in HOA without roads and in the contract at the time of purchase it stated the roads would be completed within the year. They also have a bond for the county if the roads are not completed the county would complete. I still cannot clear or build on my property, but am required to pay HOA fees. I also still don't have roads. What can I do
SheliaH (Indiana)
Posts: 6,964
Posted:
Is your community still run by the developer or has it been turned over to the homeowners? If it's the developer, they run the show, do this smells like they've run into money troubles, which may lead to other things that don't got done.

If the contract said the roads would be built, keep rearingbit because there may be language that gives the developer the power to delay the work for specific reasons. Then you have to find out what the delays are, how the developer has responded to get the work done, etc. Also get a copy of the bond there should be a copy in the county agency where it was filed. That may tell under what circumstances the bond can be used.

You may want to ask around and see if other homeowners were made the same promise - if so, all of you could consult an attorney to see what your options are. Unfortunately,myou may need to brace yourself for legal action.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DeanJ
Posts: 1,786
Posted:
The contract is between you and the seller, which was neither the HOA or the county. You need to sue the seller for fraud and damages.
CynthiaC9 (Texas)
Posts: 2
Posted:
The contractor is still over the roads. We are now on our third HOA company and they keep saying they are unable to get supplies. No one has been able to build or use their property. Some bought their property 6 months prior to me and it has been 2yrs for me. It the just put in the electrical and the At&t internet lines. The keep saying it is the county that keeps making them do more to the roads. This is also the second or third contractor that has been working on the roads.

DeanJ
Posts: 1,786
Posted:
Supplies? Is gravel, concrete, and asphalt in short supply in your area?
TimB4 (Tennessee)
Posts: 21,059
Posted:
We all know that, since the pandemic, there has been disruption in the supply chains.

My suggestion would be to contact the county and see what assurances can be done so the bond is not released until the roads are finished.

CathyA3 (Ohio)
Posts: 6,299
Posted:
We don't know enough to say what's going on here.

Possible reasons things aren't getting done: developer having financial problems, local municipality changing requirements or giving the developer a hard time, zoning battles, developer dies and assets are tied up in probate (I've heard of this happening), developer decides to sell off part the property and is fighting with potential buyers (I've heard of this as well), developer sells property and new developer is running into problems, etc.

It's too late in this case, but anyone who is thinking about buying a lot in a community that's under development would be wise to take a hard look at the track record of the developer/builder. There are plenty of things that can go wrong that are totally outside of these persons' control - eg. The Great Recession/Housing Market Collapse. But it's helpful to see how they have handled challenges in the past or if the developer is a relative newbie without much experience. There are always risks to buying in a community that's currently under development, but having inexperienced developers in charge can increase these risks.
ElleN (Idaho)
Posts: 4,420
Posted:
I think the biggest question here is whether supply chain issues are behind the failure to complete the road; whether these issues are "force majeure"; whether these issues result in legal "impossibility" tests, meaning suing would not be worthwhile; and what exactly the contract says on all this. See chatter like this: https://www.quarles.com/newsroom/publications/supply-chain-survival-series-force-majeure-article-9#

The OP could try and sue for breach of contract and the like, to get her money back for the lot. But if she likes the lot and can afford to be patient, I suggest waiting.
DeanJ
Posts: 1,786
Posted:
The reason I ask, “ FCC rules for over-the-air reception devices (OTARD) protect the rights of property owners or tenants to install, maintain or use an antenna to receive video programming from direct broadcast satellites, broadband radio services, and television broadcast stations in areas within the owner’s or tenant’s exclusive use.”

I believe a read a FCC case involving the City of Philadelphia where the FCC ruled the city could not require unused dishes be removed because the owners were allowed to maintain or use.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By DeanJ on 12/17/2023 9:35 AM
The reason I ask, “ FCC rules for over-the-air reception devices (OTARD) protect the rights of property owners or tenants to install, maintain or use an antenna to receive video programming from direct broadcast satellites, broadband radio services, and television broadcast stations in areas within the owner’s or tenant’s exclusive use.”

I believe a read a FCC case involving the City of Philadelphia where the FCC ruled the city could not require unused dishes be removed because the owners were allowed to maintain or use.

You may want to put this in your thread on satellite dishes vs a discussion about roads.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Here's the thing about developers/builders: they make their money by finishing up the communities they're working on and moving on to new projects. They don't make money by stallingg. The best-managed ones track time-to-completion on their homes and communities, and any delay harms the companies' profitability and can limit what they can do in the future. Things like supply chain issues make them nuts, because it creates problems without giving them options to manage their way around them.

So if it appears that a developer is stalling, there is a reason for it. Going after the developer who is stuck for reasons outside of his control will do no good and may even be counterproductive. Ditto the board, who ultimately have to follow the laws and have even less control over the issues affecting HOAs.

The best thing to do in this case is to find out as much as possible about the reasons behind the delay, and then make the best decision you can with the info available.

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