Quote:
Posted By DianeW on 03/23/2009 7:42 AM
Our developer turned the HOA over at our annual meeting in February 2006 but has failed since that time to be current with dues on lots he still owns, never provided us by-laws, never turned over documents for the common area and has refused to cooperate with 2 separate lawyers we have hired. The last attorney suggested seeking the services of a Collections attorney but that only addresses the dues, I would think. There are numerous other issues as well. Can anyone suggest our next step?
Diane,
Forget about the bylaws, the BOD can draw them up. With regard to the other issues, what exactly have the attorney's done? Have they sent him a letter instructing him to deed over the common areas to the HOA and to pay his past dues? If they have done this and he hasn't complied, then I would think the next step would be to take him to court. File a lien for the delinquent assessments and demand that the common areas be deeded to the assn and that any other assn records he may have in his possession be turned over to the HOA. The longer you wait to take legal action, the harder it's going to be to get him to comply with your demands.