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VirginiaR
(Virginia)
Posts:1
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| 06/09/2006 7:02 AM |
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| We belong to an "unformed" HOA of 13 houses, 75% are weekend or vacation use only. Although the developer paid state fees for us every year, dues are not collected as set up in the covenents. Members have met and are willing to take over, and pay dues, but some are reluctant because they say the developer is responsible for roads that never passed the state system, and a common area that needs some dock maintainance work. The HOA should have been taken over 5 years ago when 50% of the lots were sold, and of course the road needs work in that time to get into the state system. We are set up to meet again with developer, some want to sue him with non-existant HOA funds. They have set up a lawyer. We feel that is futile, he physically turned over the HOA checkbook and funds a couple of years ago. Any ideas? |
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JosephS1
(Georgia)
Posts:3
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| 06/09/2006 7:59 AM |
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I would review the original Declaration of Condiminum, which should provide specification as to the declarant's liability for common elements, as well as providing utility service and access to the condominium units. You may find that the developer of your property remains legally obligated to finish work to the common elements as declared in the paperwork they filed with the county or state.
Even so, it is in my opinion that you would swing more weight in a courtroom as a full association rather than a group of concerned homeowners. First order of business should be to gather up your condo documents and consult an attorney and they should be able to advise the best course of action. Though it won't be free, it beats doing nothing. |
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-Joseph Sherman |
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JosephS1
(Georgia)
Posts:3
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| 06/09/2006 7:59 AM |
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I would review the original Declaration of Condiminum, which should provide specification as to the declarant's liability for common elements, as well as providing utility service and access to the condominium units. You may find that the developer of your property remains legally obligated to finish work to the common elements as declared in the paperwork they filed with the county or state.
Even so, it is in my opinion that you would swing more weight in a courtroom as a full association rather than a group of concerned homeowners. First order of business should be to gather up your condo documents and consult an attorney and they should be able to advise the best course of action. Though it won't be free, it beats doing nothing. |
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-Joseph Sherman |
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RogerB
(Colorado)
Posts:3726
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| 06/09/2006 8:40 AM |
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| Virginia, by unformed do you mean your group does not have a Declaration of CC&Rs which set up an HOA? And by paying state fees do you mean Incorporation fees? If these are correct you have a social club, not an HOA, that is incorporated. I can't believe the County and its Planning Group would allow the developer to do this. It would leave you with no authority to do anything not related to your parcel of land. You need to check with your County Clerk and Recorder to find out if you have a Declaration. If not, your recouse is to ask the county for help. Based on the limit info you presented, how can an attorney help? |
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