Developer/Successor Rights

Started by CarrieS7 • 6 replies • 191 views

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CarrieS7 (Michigan)
Posts: 2

Posted:

Question - when does a developer or successor developer rights end? The successor developer to our site condominium project no longer owns any material interest in the development (aka...lots). All properties were auctioned off. The last legal filed document in the court system listed his LLC as having the developer rights.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By CarrieS7 on 02/20/2024 7:31 AM
Question - when does a developer or successor developer rights end? The successor developer to our site condominium project no longer owns any material interest in the development (aka...lots).

See the Michigan Condominium Act, Section 559.152, http://www.legislature.mi.gov/documents/mcl/pdf/mcl-Act-59-of-1978.pdf

It appears to me the owners can run a lawful election right now, electing directors as the owners see fit.

CarrieS7 (Michigan)
Posts: 2

Posted:

We have a BOD and have had for many years. The question was related to the developer was required to put a secondary access road into our development by the county. A waiver for xx months was given by the county. The road was never put in. Can the developer be held legally responsible or if required, does it now fall on the association?

TerriS6 (California)
Posts: 3,284

Posted:

Check your statute of limitations to make the developer follow thrugh.

CathyA3 (Ohio)
Posts: 6,299

Posted:

You may need to hire an attorney if the developer refuses to put through the road. Developer Transition is a typical area of practice for HOA attorneys, and disputes like this are not unusual.

TS5 (Florida)
Posts: 39

Posted:

This is the same in Florida. At that point, the members can seat a board of owner-leaders and take control of all aspects of the HOA.

KerryL1 (California)
Posts: 14,550

Posted:

When did the owners take over the board, Carrie? Terri's point is, I think, that the statute of limitations may have run. Wheter it has or not, you'll need advice from an HOA attorney about that road.

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