Transfer of common areas to HOA

Started by CindyD1 • 4 replies • 1580 views

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CindyD1 (Indiana)
Posts: 2

Posted:

Our neighborhood has a very tiny retention pond that is still owned by the developer (who is also a resident) but has been "maintained" (chemical applications, fountain maintenance, mowing on surrounding pond property, etc.) by the Association for many years. The retention pond has severe drainage problems and we believe it is in need of dredging (from sediment caused from construction). The developer refuses to do anything to address these problems even though these issues have been brought up at meetings for many years. Can the developer force the HOA to accept this property even though there are known problems that have not been corrected?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

If the developer is still in control he can do whatever he wants. When you say "owned by the developer" do you mean owned by the HOA? If this is true, the HOA already owns the pond.

CindyD1 (Indiana)
Posts: 2

Posted:

No, the pond is still owned by the developer.

LarryB13 (Arizona)
Posts: 4,099

Posted:

I have never personally read it, but an HOA lawyer here in AZ told us that there is a body of case law (common law) that says, in effect, that a developer cannot turn dilapidated property over to an association.

Do your local zoning or building codes require this retention pond? If so, the developer may be in violation of the zoning if the pond is not operating up to code and you may be able to file a complaint with the zoning authority to force him to fix it.

My first guess would be that the developer cannot force the HOA to accept ownership of the property. And since this is not now owned by the HOA, I would recommend terminating any HOA maintenance on this property.

Over the years I have known a few "developers." In general, they seem to believe that the world owes them a living and that none of the rules apply to them. Nothing of what you described here comes as a surprise.

JeffR7 (California)
Posts: 251

Posted:

I am not an attorney, but here is how I see it. The pond is owned by a developer but all maintenance was paid by the HOA. In case this case ever gets to court the developer can easily say that it was agreed at some point before that the HOA will pay for ALL pond maintenance and show the track record of payments as prove.

Does this pond serve any purpose other than decorative? If so what would happen if the developer refuses to maintain it and falls into despair. After all if it is his property he is free to do as he wishes.

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