Declarations list developer LLC not HOA

Started by JoanR • 1 replies • 1088 views

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JoanR (North Carolina)
Posts: 24

Posted:

I live in a fairly new community in NC that is under Declarant control. The declarations list the LLC for the three partners not the HOA that I found recorded with the Secretary of State with non-profit status. Is this a situation where the Declarations will be changed when the Declarant passes contol to the HOA or is this an error? I have declarations from another development in NC and there was never any amendments of that nature at the time control changed hands.

Is this an issue that needs to be addressed, if so what are the ramifications?

MicheleD (Kentucky)
Posts: 4,491

Posted:

It depends.

Our CC&Rs do the same thing but have a clause that "defines" references to Developer or Declarant to include anyone to whom Developer assigns the rights in the CC&Rs.

(c) References to "Developer" or "Declarant" shall include any entity, person or association to whom Developer or Declarant may assign the foregoing rights.

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