Legal Recource

We have a situation where one person is the developer, the builder and the President of the HOA. The developer still has control HOA. The builder own parcels that are subject to annual assessments. The builder owes for 2007 and the first half of 2008. Liens have been placed on individual homeowers that have not paid assessments, but the HOA HAS NOT placed liens on the builder.

What legal recourse do homeowners have to force the HOA to place liens on the builder. In this case the HOA President would be placing liens on himself. There has been discussion that a special assessment may be required to make-up the shortfull owed by the builder.

Thanks for your consideration,
John Golladay

The lots are undeveloped but the covenants only exempt the devloper own lots and the common property. The builber has been assessed annual fees. The developer agrees the builber owes the money. It just happens that the developer and the builder are the same person.