Developer Controlled HOA

What are the duties and responsibilites for the realtor,builder,developer who is our only hoa Officer? We have a small hoa of 25 home owners with only four lots remaining to be built and with the present economy, these four lots could remain vacant for quite awhile. The developer/one man hoa Officer has abandoned our community. Since 2004, refuses to provide an annual budget or hold annual meeting, refuses to collect deliquent dues since 2004 from some landlords and won't return calls or emails. He threatens to turn the POA over then disappears; we feel he won't reveal the financial records.

Margo,

If transition should have occured, as per your CCRs, then I would suggest consulting an attorney. It may take a court order for the developer to turn over the assn to the members. This turn over includes deeding assn property to the HOA and turning over bank accounts, financial records and member accounts.

Has he been collecting assessments and paying bills since disappearing in 2004?

The ccrs clearly state after all homes are sold; we still have four vacant lots. He has the control and if he wants out; we are glad since he has done such a poor job. He wants out now and insisted twice since 11/09 that we take over the POA then won't respond to calls or emails. We feel he doesn't want anyone looking at the financial records. Yes, he has paid bills for the Associatio to date.