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Forums > Homeowner Association > HOA Discussions

Subject: Control Question

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MaryA1
(Arizona)

Posts:2498

07/25/2008 12:57 PM
Gerald, The concern here is how many votes the declarant has, not the owners. The owners always have one vote. In most CCRs the declarant has more than one vote; oftentimes 3.

GlenL
(Ohio)

Posts:1466

07/25/2008 1:08 PM
Regardless whether he has one vote per lot or twenty-five votes per lot the developer is still in control and what the OP wants to do cannot be done now and as Michele pointed out even if it were done it probably wouldn't stand up in a court of law.

GeraldT4

Posts:934

07/25/2008 1:21 PM
Posted By MaryA1 on 07/25/2008 12:57 PM Gerald, The concern here is how many votes the declarant has, not the owners. The owners always have one vote. In most CCRs the declarant has more than one vote; oftentimes 3. I'm in New Jersey, as Maureen is. My documents have the developer with 1 vote. The developer is the owner, as a matter of fact the developer in Maureen's case is also a landlord.

MaryA1
(Arizona)

Posts:2498

07/27/2008 2:01 AM
Posted By GlenL on 07/25/2008 1:08 PM Regardless whether he has one vote per lot or twenty-five votes per lot the developer is still in control and what the OP wants to do cannot be done now and as Michele pointed out even if it were done it probably wouldn't stand up in a court of law. True, Glen. Which is why I also wrote: Posted By MaryA1 on 07/25/2008 12:22 PM Maureen, The bottom line on this whole issue is that the members really cannot amend the gov. docs. until the development has been transitioned to them. While the declarant is in control (regardless of whether or not he appoints members to the board) he pretty much has the upper hand. Certain protective provisions are normally written into the CCRs to ensure this. This is one reason the declarant has more than one vote for the unsold lots. What do your docs say about transition to the members?

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Forums > Homeowner Association > HOA Discussions > Control Question

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