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RickR1 (California)
Posts: 37
Posted:
Hi there. Here are the basics.
60+ new condo within a 100+ home site. HOA and BOD are seperate from each other. Just had our first meeting where the board was elected and told this info. Basically it concerns the yet to be finished pool and rec center.
When all of the new owners were in the process of deciding to buy their condos, the builder repeatedly told them that the pool/rec center was included for use. After we bought it was common knowledge that it was included and up into the day of the meeting it was. At the meeting, the developer said that the pool was to be allowed to be used by us on a fee basis. He later explained that the 'fee' amount was removed from our contract/ccr's so the dues weren't so high. This is affordable housing so it was changed so we all could 'qualify' to get into the units. Dues were over $250 and I guess they would be a lot more, including the new fees, coming to a point where we couldn't afford to move in.
So now they are saying you can use the pool but with a group contigent.(everyone has to agree to pay the pool fee or not)

I believe we were kind of deceived a little because of the verbal sayings about the pools even though our papework has the pool assesment fees blank. It's like saying. 'Here is your new home, and by the way, the park we were promoting is no a fee only basis. Sorry.
Feel like bringing out a few good points in the next meeting toward the litigation side but I know that is never the best route for many reasons(no $$$, better to talk out a conflict, etc).

Thanks for all of the info guys.
RogerB (Colorado)
Posts: 5,067
Posted:
Rick, you may think the BOD is separate but it is not. Apparently your Developer is just turning over control of the HOA by allowing you to elect a new BOD. Regarding the pool and rec center, check and determine if they committed in writting as part of the common area amenities to be owned by the HOA. If so, does the Developer's approval from a planning commission require them to provide these or are they to be paid by the HOA?

If you do not have any written committments you may be at the mercy of whatever can be negotiated with the Developer.
JanM (Texas)
Posts: 142
Posted:
Our pool is only open when school is out in the summer and every one who uses it MUST get a "pool pass" to enter. It's only $10 per family of 4. Altho I don't complain (much) I feel it should be available whenever I want to use it, especially here in Tx when it's hot 8 out of 12 months.
JoeS4 (Kentucky)
Posts: 77
Posted:
A pool is a serious long term financial investment. If it is located inside the community, no matter who uses it and when, the community should be prepared to take care of it, especially if its part of the common areas. The BOD must be prepared to have the pool in the budget and all of its expenses along with a long term reserve just for the pool. The BOD must get all documents between the developer and the association and any other written detailed information they can get their hands on, it will be vital for the long term planning of the community. The issue will be between the developer only until he turns everything over to the homeowners and let me tell you from experience, get all details possible and in writing because sometimes verbal disappears and documents in writing do not exist.

Best of Luck
RickR1 (California)
Posts: 37
Posted:
Thanks everyone!

Just loked at the ccr's and it does list it out plain as day. The houses own, repair and take care of the pool and we share in the fees. I wasn't clear with the wording.

Roger, your right. The HOA & BOD are one in the same. Duh!

I got voted on my board too.

rick

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