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LouiseB1 (Kentucky)
Posts: 2
Posted:
New to HOAs and noticed this language in our CCR: "appoint the Declarant as the attorney-in-fact and proxy for such Lot owner, in the name and stead of such Lot owner, (i) to act for such Lot owner in executing any document or taking any action to amend this Declaration and/or the Articles or Bylaws of the Community Association, as applicable, and (ii) otherwise to exclusively exercise all rights of such Lot owner to vote as a member of the Community Association on all matters coming before the members of the Community Association, and to cast such vote as Declarant sees fit in its sole discretion">. Does this mean the builder (aka declarant) can override the community and HOA on everything?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Louise

Typically when under Declarant control the Declarant can and does control. Typically owners do not get control until the association is turned over to them.
LouiseB1 (Kentucky)
Posts: 2
Posted:
Thank you. I apologize, I should have added more context. The original subdivision was turned over to the community. The builder bought land behind the subdivision and plans to annex the additional land into our community "with or without our approval". Because the builder still has a model home (aka a lot) and about 5 open lots in the original community, they maintain declarant rights. So I keep asking myself, why is the builder asking for our agreement if they do not need it as declarnant? I thought they might need our approval to transfer cost like lights, lawnscaping etc during the annex build but build then I wondered if that paragraph means they out vote us all?? There has to be a reason the builder is taking the time to garner HOA agreement but I am not sure what it is.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By LouiseB1 on 01/05/2024 12:01 PM
The original subdivision was turned over to the community. The builder bought land behind the subdivision and plans to annex the additional land into our community "with or without our approval". Because the builder still has a model home (aka a lot) and about 5 open lots in the original community, they maintain declarant rights.
I think a substantive answer to your query is not possible without at least reading your HOA's declaration. You can redact identifying information and post the Declaration in this forum, if you wish.
KerryL1 (California)
Posts: 14,550
Posted:
When was the HOA turned over to you Owners?? Is your board of directors now composed of owners and none affiliated with the declarant?

It'sofen in the Bylaws undershot conditions the Owners take control of the HOA? Can you provide an exact quotation on the topic?

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