common space

Started by ChadU1 • 3 replies • 1656 views

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ChadU1 (Ohio)
Posts: 4

Posted:

A group of residents in the community want to clean up the greenspace, but the developer who is in charge of the HOA said that we were not allowed to partake in this type of activity due to insurance reasons. What can they do legally if we went ahead and cleaned up the greenspace??

Also, a group of residents in the community have decided to collect the HOA fees and then distribute the funds to the developer when receipts are provided. This is the same developer who has our HOA in debt 100K. Can we do this?

BrianB (California)
Posts: 2,820

Posted:

the developer probably has liability insurance for the common area, and as such, has a responsibility to limit risk and potential losses... I personally think banning people from some simple weeding and brushwork is a bit overboard, but if you plan to cut tree limbs, dig ditches, install sprinklers, etc., the developer has a point: those activities are greater risk for injury or issue, and he is well within his right to require professionals assume those risks.

I personally would never send my dues/fees to some group of people who set themselves up as the collectors: THey could take the money and run, as well as leave me high and dry because I never paid to the real collectors. sounds like a bad plan.

RogerB (Colorado)
Posts: 5,067

Posted:

Chad, have each participant sign a release form stating they will not hold the association responsible for anything while they are cleaning up the greenspace. To eliminate liability to the association this should always be done prior to having members perform activities on behalf of the association.

Forget about trying to use assessment payments as leverage to see association records. These records must be made available for viewing if you are incorportated.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

ChadU1 - If a private improvement project such as yours occurred in my HOA while the developer was in control, legal recourse COULD be to fine the owners. Reason is that our by-laws are very specific on owners changing anything on the common elements while the developer is still on the board.

My recommendation is let the developer clean up the greenspace, hold the developer's feet to the fire to make good on that improvement. Why do the work your maintenance is supposed to fund?

As for your collecting the HOA fees, is there anything in your by-laws that states a 2/3rd's majority vote is necessary if owners wish to go the self-management route? If so, you will have to accomplish that procedural hurdle before you undertake the takeover.

Just food for thought, who in the group of resident's has the budgets, is signatory on a bank account to deposit the funds, has the addresses of each resident, etc?

Best of luck!!
GeraldT1

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