Developer Transitioned to HOA Not fixing Problems

Developer recently transition the community over to the HOA when the last home sold 10/03/06. A board was elected. I am on the Board. The Board did a walk through last weekend and uncovered some serious issues that need attention of the developer to repair/replace. The developer is unresponsive and has been known to be unyielding. Major issues, unfinished landscaping, leftover garbage, retention pond maintenance, basketball court and hoop cracked and not level, drains already clogged, no retaining walls on homes built above 7 ft from the ground, retaining walls that are not concreted together and can be hand pulled off. Not only that, the developer is advertising two new developments on our property. This community is not even a year old. Any thoughts on how to get these items repaired. We have requested a walk through with the builder, and we get no responses. Anyone have suggestions on how to resolve these issues with an unyielding developer. Also, the property is being managed by a MC that is completed inept and obviously represents the builder vs. the community. Any advice will be greatly appreciated

C.
Washington State

Cathy,

Roger is right, and don't wait, your job as a director is to protect and serve, like the police. Get an attorney, a good one, and give him a copy of the 1994 Uniform Common Interest Ownership Law and any other legal documents that you have, and don't just involve the developer, involve his lender, subs, and anyone else you can get to a meeting, it will be very beneficial when they start to play that he said/she said game if there all at the table.

Good Luck