Developer's Misconduct

Our HOA is still being run by the Developer. He has the entire third parcel to sell. We have just been notified by this so called management company, the Dev. is trying to put in a community pool in order to sell the homes on the remaining lots. They want those of us in the first two parcels to be special assessed for a 7 year loan for this facility. We have not been given any information regarding this except for this notice. I am a CAM for 20 years and I have never heard of a developer being able to special assess a community for something which is not there, something which is not in the original documents of the Association and by a BOD that has never met in quorum in the entire 3 years since we have bought our home. With that, this developer has put on the Board (without a meeting in quorum) a homeowner who is his real estate agent!!! How can we be assessed for something that is not there? How can they appoint someone without a quorum of the BOD present at a meeting? I know we can deal with him in a civil court but is there any information I can put in his face that blatently shows him he cannot do this. The management company says they do it all the time and so does his realtor! I do not believe this is legal and many owners who are on fixed incomes are outraged. Also he is not intending to pay the special assessment for any of his unsold lots. This is a new community in a little town and they do what they want.

Thank you for any information you can give.

Patricia,
I hear you talking. It is just plain wrong to think you as a home owner should not have some say in your development. I understand the developer pulls the strings, to me, that does not mean he don't owe an obligation to the homeowners in association. Granted all the chapters and verse in the Declaration and any other stipulations that may have been written when you purchased. The problem is what can be done about it, and there is sure no step by step and each case will be different if for no other reason the effected home owners will be different. So, if you want to make a difference you must find out what your owners think. You may need to go outside any structure in your associations. Have a meeting, get organized and see the lay of the land. Remember the developer is a business man subject to pressure of customers (the people). The people can get the attention of any business if they bring the matter to full view. But before you fight, ask for a written response from developer, directly approach him, talk to his attorney, get a written response from the M/C and keep records from the get go. Crack the door anyway you can legally and peacefully, build some momentum. Be careful and get ready for a long haul.

Just my opinion for your consideration, no textbook stuff here.