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JohnC87 (Tennessee)
Posts: 1
Posted:
Does anyone have an example of a letter turning over control of an HOA from the Declarant to the homeowners? The HOA is in Tennessee.
SheliaH (Indiana)
Posts: 6,964
Posted:
Are you trying to write one or determine what should be in it? That may vary by state, but I googled the subject and AI came up with the following:

" Notice of Declarant Control Turnover to Homeowner Association
[Date]
To: [Homeowner Association Board Members]
[Homeowner Association Address]

Dear HOA Board Members,
This letter formally announces the transfer of control of the [Community Name] Homeowners Association (HOA) from [Declarant Company Name], the Declarant, to the homeowners of [Community Name], as per the provisions outlined in the community's Declaration of Covenants, Conditions, and Restrictions (CC&Rs).

Effective Date: [Date of transition - specify the date when control officially transfers to the HOA]

Key Points of Transfer:

Board Composition:
The current Declarant-appointed Board members will be replaced by a Board elected by the homeowners at the next scheduled HOA meeting.

Financial Records:
All relevant financial records, including development funds, will be transferred to the HOA in accordance with the CC&Rs.

Community Documents:
All community documents, including construction plans, design guidelines, and maintenance records, will be provided to the HOA for their management.

Next Steps:
Board Election:
The HOA shall promptly schedule an election to form a new Board composed entirely of homeowners.

Record Transfer:
The Declarant will facilitate the transfer of all necessary documents and records to the new HOA Board.

Transition Meeting:
A meeting will be held on [Date] at [Time] to discuss the transition process and address any questions from homeowners and the new HOA Board.

Please contact [Declarant Representative Name] at [Contact Information] if you have any questions regarding this transition.

Sincerely,
[Declarant Signature]
[Declarant Printed Name]
[Declarant Title]

Here's some additional information to consider (from the same site):

This letter ashould be adapted to fit the specific details of your community's CC&Rs and transition plan. Be sure to include all relevant dates, contact information, and specific provisions outlined in your governing documents.

Important Considerations:
Legal Review - Consult with legal counsel to ensure the letter accurately reflects the terms of your CC&Rs and complies with state laws.

Clear Communication - Clearly state the transition date, responsibilities of the Declarant and HOA, and process for electing a new Board.

Transparency- Provide homeowners with ample notice and information about the turnover process.

If this is about to happen in your community, your first Board should be establishing a transition plan. The Community Association Institute (CAI) website has lots of education materials on a variety of HOA subjects, including developer turnover - take a look and see what's available, get some copies and start reading. Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
John,

I have an example of the transfer of declarant rights to the Association (note: in TN must be recorded with the County/City to be valid).

I have nothing in our files that shows the Declarant gave control to the Association.

I suspect a simple email might work.

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