πŸ’¬ Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account β†’

⚑ Takes 30 seconds

Already a member? Log in

MaureenM1 (PA)
Posts: 344
Posted:
Need some advice...I lived in a gated community. Our gates have been non operational for three years (since the development has been built). We have been trying "unsuccessfully" to get the developer to make the gates operational and put the finishing touches (stone) on the outside of the gates. We are not a finished development, however, the builder is still advertising our development as a
"gated" community.

I am on the board and still do not get any answers. I as well as the owners in the development feel it's both the developer and the builder's responsibility. The developer wants the builder to pay the set up charge and the builder wanted to take the money out of our dues. We said NO.

We have been to the township supervisor meetings several times. At first they seemed interested and concerned, however, the last time we were there they said there is nothing they can do.

When I replied to an email from the builder stating that it's between him and the developer this is what he responded back to me. The builder is also the President of our Association and has the majority of votes.

I don’t know how many times I need to say this before it is clearly understood- this is not an β€œβ€œISSUE” between myself and the developer. The developer owned the land, he prepared the plan and received the approvals, he signed the Township Municipal Improvements Agreement (which included the gates) as the owner, he contracted with his own company to do the installation of such and he posted the financial security which guarantees the gates will be installed.

President

Should we go back to the township and if so any advice on a new strategy? Is it now time to seek legal advice? Not all the owners may want the expense. Can I proceed by myself for my own interest?

EvaM1 (Florida)
Posts: 190
Posted:
..he signed the 'Township Municipal Improvements Agreement'. President (which included the gates)
___

Maureen,

Have you read the agreement?
MaureenM1 (PA)
Posts: 344
Posted:
NO. I have been to the township regarding this but did not see a copy of the agreement.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Maureen,

As I see it, it's not an issue for the township to resolve, it's an issue beteen the developer and the builder. The agreement may have been between the developer and the township, but perhaps the developer made a separate agreement with the builder that you are not aware of. IMO, the developer should just go ahead and have the expense taken from the HOA's operating account while he's trying to resolve the issue with the builder. This way the gate will be repaired and become functional. The expense can be shown as an accounts receivable on the HOA f/s until the matter is resolved between the two.
SusanW1 (Michigan)
Posts: 5,202
Posted:
The builder is the Prez? Have you had your turn-over yet?

A breach of contract (to provide an advertised gated community) would be YOUR best bet, since it appeaars that your HOA has not been set up as yet. (turned over by the developer/builder) and all control is still under the builder.

MaryA1 (Arizona)
Posts: 7,043
Posted:
Just because the development is still under declarant control does not mean the HOA has not been set up yet. In AZ the HOA is established before the first lot is sold. Also, if there wasn't an HOA there wouldn't be a controlling entity for the builder -- or anyone else -- to be Pres of!!

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • βœ“ Ask follow-up questions
  • βœ“ Share your experience
  • βœ“ Get expert advice
  • βœ“ Access 350,000 discussions
Create Free Account β†’

⚑ Takes 30 seconds

Already a member? Log in here