DanaH2 (Georgia)
Posts: 7
Posts: 7
Posted:
Our builder (declarant)forclosed on the remaining 17 lots in our neighborhood. The lots went back to the bank(s) in July, 2008. He does not return any phone calls from homeowners. Our management company spent our dues before the year was over. They could not provide itemized record of what they spent it on. We had to pay out of pocket for lawn maintenence of common areas (including empty lots) for the past 6 months. They have kept our gates functioning but have not enforced any other covenants. We asked the builder to relinquish the HOA to us, the homeowners, but he was not willing.
Recently, the remaining lots were purchased from the bank by a large, well known builder who plans on building small starter homes (from $290K)in our beautiful Vintage Craftsman Style gated community of homes which we puchased from 500-600K. The forclosed builder (still the declarant) nor HOA managmement company informed the homeowners that the lots had been purchased and home plans approved. We found out through an online add promoting an "open house" in our neighborhood! We called a meeting with the representative of the new company and expressed our disgust at the level of home they plan on building in our neighborhood and the lack of communication we had received. They were very cordial and are trying to "spruce up" their homes to better blend in with ours but it's not nearly enough. We want to protect our investments but feel that we have no control. My questions are 1. can we sue the developer (declarant)to take over the HOA? 2. Can the builder still be the declarant and make decisions on our behalf when he owns NO property in our neighborhood? 3. Can we start our own seperate HOA? We want control of the architechture, more specifically the elevations of these new homes soon to be built. We are glad that a builder wants to finish our neighborhood but not with poor quality homes that will deface the value of our homes and quite frankly, look rediculous next to ours. We are so incredibly frustrated. Any suggestions would be so greatly appreciated.
Dana
Alpharetta, GA
Recently, the remaining lots were purchased from the bank by a large, well known builder who plans on building small starter homes (from $290K)in our beautiful Vintage Craftsman Style gated community of homes which we puchased from 500-600K. The forclosed builder (still the declarant) nor HOA managmement company informed the homeowners that the lots had been purchased and home plans approved. We found out through an online add promoting an "open house" in our neighborhood! We called a meeting with the representative of the new company and expressed our disgust at the level of home they plan on building in our neighborhood and the lack of communication we had received. They were very cordial and are trying to "spruce up" their homes to better blend in with ours but it's not nearly enough. We want to protect our investments but feel that we have no control. My questions are 1. can we sue the developer (declarant)to take over the HOA? 2. Can the builder still be the declarant and make decisions on our behalf when he owns NO property in our neighborhood? 3. Can we start our own seperate HOA? We want control of the architechture, more specifically the elevations of these new homes soon to be built. We are glad that a builder wants to finish our neighborhood but not with poor quality homes that will deface the value of our homes and quite frankly, look rediculous next to ours. We are so incredibly frustrated. Any suggestions would be so greatly appreciated.
Dana
Alpharetta, GA