Declaration of Restrictions very vague and not enforced by developer

Started by DianeA • 4 replies • 1760 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

DianeA (Delaware)
Posts: 1

Posted:

I recently became the President of Our Homeowners Association by appointment from the Developer of our Sub-Division. The builder sent us a letter saying he is resigning as president, appointed members of the community to the board, sent the By-Laws and Declaration of Restriction, that he developed and walked away. We tried on several occasions to talk with him, he did not call us back. We asked his secretary to send us his written approval of improvement that homeowners did to their property and have not received them. The Restrictions are very general in nature; as a HOA the Board has determined that we do not have a leg to stand on when trying to enforce these restrictions. I called the Kent County Government in Delaware to see what could be done, and they said that they do not have any guide lines for HOA.

Our first General meeting with the homeowners in coming up in September and we feel it is going to be a free for all.

As a Board can we change the Declaration of Restrictions with out going to the homeowners for approval.

Or what do you think should be our next steps. Any help you can give me is appreciated.

Diane

JosephW (Michigan)
Posts: 882

Posted:

You just got dumped on by the developer. Unless the documents say otherwise, it usually takes a vote of the owners to change or amend them. You've got a lot to do: Go to:
http://www.communityassociations.net/developer_transition_main.html to find a large number of articles and other items on transition from developer control. Also, take a look at the checklists at:
http://www.communityassociations.net/checklists_main.html

You're going to need to be very organized.

Last: check your state law at:
http://www.communityassociations.net/state_laws.html to see if your state law had specific requirements that the developer was supposed to fulfill. If there's any money in the associations bank account, (and even if there isn't) I would strongly urge you to find a knowledgeable attorney to get you through this, this isn't the time to screw things up by trial and error.

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net
*See legal notice below (end of page) or go to www.hoatalk.com/legal

RogerB (Colorado)
Posts: 5,067

Posted:

Diane, I would call an experienced HOA attorney. Have the attorney advise you on how to proceed. He should send the Developer a registered letter and demand a transition audit prior to accepting control of the HOA.

LuciusD
Posts: 139

Posted:

Diane, Roger is absolutely right. You need good, experienced professional advice, right now.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

Diane,

I concur with everyone, get an attorney to advise and attend your Sept. meeting, get a professional minute taker and assign at least two members of the board to take notes.

If the Board can't enforce the restrictions, they must develop ones they can enforce. Given the track record of your developer, I would be cautious about using the restrictions anyway.

However, go to the following link:

http://www.associationtimes.com/articles2003/archpol1203.html

In advance of your September meeting and anticipation of a "free for all", I recommend you mail each owner the page at the link above and do something strategic. Send out a letter to the community seeking volunteers for a Covenants Committee. Hold a pre-Sept. meeting charging the volunteers with specific tasks outlined by the board. You'll stand a better chance bridging the gap between owners and the board in your Sept. meeting.

In your scramble to clean up the developer mess, don't forget that communication with the community is key.

GeraldT1
NNJ

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here