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PatR (Florida)
Posts: 139
Posted:
It has come to our attention that after the hurricanes in 2004 and 2005, the builder, who was still in control of the HOA, charged the HOA quite a large sum of money for landscaping. Some of this was for brand new landscaping.

But.... a lot of these charges were for homes that were unfinished, and also work done to the models.

My question is, can the builder charge the HOA for costs to homes that are either unbuilt (landscaping the lots), models or new unoccupied home?

This HOA is in Florida.

Thanks

Pat
GeraldT4
Posts: 1,022
Posted:
PatR - The builder needs to satisfy the site plan inclusive of landscaping requirements. Charging for the unbuilt homes doesn't make sense. Already supposed to landscape once, didn't do it yet, and now charging? One would think the Builder's insurance should pick up the replacement of the destroyed landscaping, minus any deductible of course.
DonnaS (Tennessee)
Posts: 5,671
Posted:


Pat,
If you know for sure and can have documentation, then I would get on him asap. This occured two years ago so why did you delay this so long? Builders sometimes can find ways to cut corners and if the Association does not do a very diligent job of monitoring every expense, then they just might get the ????? played to them.

It sounds to me like he replaced some common area landscape and just added a few hundred plants and trees, thanks to your association.

But most interesting to me is why he charged you for the replacement of landscape when he clearly is still in charge of the developement. Back in those years, all of these developers were raking in money, faster than they could count it so unless he was some small time guy with no funds, there is no excuse for that less than ethical behavior.

A little hint for you. If you cannot get resolution from him on this, you more than likely still are in need to "sign off" on his County Bonds. Don't sign off until he makes amends, if this is what he actually did. He needs to have his Developement satisfactory to your Board and cheating the association is not acceptable.
PatR (Florida)
Posts: 139
Posted:

Donna:

I have been asking for the old records since I became treasurer in April. After replacing the management co, I finaly received them. We have not gone to the table yet with the builder, but I wanted to get some feedback.

I have pages and pages of invoices from the landscaper shows that the HOA paid for landscaping that included models, and unfinished homes.

Since it was "included" within the hurricane damage, I guess the last board did not dig deep enough.

Thanks for your input.

I guess the attorney may be attending the meeting.....

Pat

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