Late Start of HOA

TinaT1 (Alabama)
Posts: 1

Posted:

We have a home owners association that is being formed in Alabama. Our builder filed our community as an association in 2005 but has never enforced the covenants or collected any fees. None of the owners were given copies of these documents at closing of the homes, he is now trying to enforce the covenants. However, he has decided to add a subdivision or second phase that he has "linked" to our community the original covenants cover the land he has decided to develop. But the homes that are being built are in violation of the covenants. Can he enforce the housing association since it has been three years and never enforced? The homeowners are very upset as the homes are well below the standards he orignally set.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Well Tina,
Sad to say, but your homeowners should have been upset three years ago. You all dropped the ball and now you must play catch up. On the surface of what you posted and your information is minimal to really give us a good handle on your position. One thing is probably clear, and that is the fact the developer did not enforce any covenants for these three years is not going to prevent him from enforcing them now.

See if you can find out how he "Filed" your community. He can't file your Community, he can file to register his corporation or whatever, but YOUR community requires he formally turns over the association to the Regime (Homeowners) at some point and that establishes the HOA (HomeOwnersAssociation). It is impossible to know from what you have provided where you stand. If, as I suspect he has not turned over the the planned unit development he can do damn near what he wants. As far as linking you all up with someone else, I suspect that may be very difficult without the signed agreement of all the members of your community.

You really need to sit down and pay for some legal advise from a good lawyer, and not becessarily a local lawyer. Right now, you need some organization formed to cope with this problem, if he has not turned the property over to you all. You all need to have a town meeting conducted by those of you that have the most knowledge of time lines and any action, etc. It must be a business like meeting with strict rules and decorum announced before the meeting, not a finger pointing free for all. That may be the place to start, but again, your information is sparse.