Who is he? > HOA Forum > HOA Talk.com

Unanswered

Active Topics

Forums

Forums > Homeowner Association > HOA Discussions

Subject: Who is he?

Prev Next

You are not authorized to post a reply.

Author

Messages

RachelN
(Utah)

Posts:2

04/22/2009 4:13 PM
The man who bought the subdivision that I live in says he is not the developer just a lot owner. Then he used his money to finish the clubhouse and is now saying that we homeowners have to pay back all the money he put into it. He also does own 2/3 of the lots so he can out vote anything he wants. Do we have any rights?

SusanW1
(Michigan)

Posts:5028

04/22/2009 5:19 PM
Do you have a Board? If so, they should know who this person is. In any case he is owner of the clubhouse since he put in all improvements which would have required permits. Did he "invoice" anyone for these improvements? Find out ASAP.

RobertR1
(South Carolina)

Posts:5164

04/22/2009 5:30 PM
I think Susan's ASAP is appropriate, get this settled here and now. Making all the improvements to the club house does not make him the owner, a deed makes him the owner. If he has a deed and does not own the property, he is leasing it from someone. That may be the association. Who knows? Bottom line...........each and every member of this association should know. I read you don't know if you are an association, never mind what kind. How in the world could you possibly ask that kind of question to folks like us that are posting here because we think we can help, and we are much more serious about that than you, at least as far as your posts demonstrates. Please sit down and write out what you do know, and maybe we can be of help.

KirkW1
(Texas)

Posts:1665

04/22/2009 7:14 PM
You should keep in mind that even if he can charge it back to the HOA, as owner of 2/3ds of the lots, he will have to pay 2/3ds the cost. But the long and short of it is that if he controls 2/3rds of the lots, he is in control.

KevinK7
(Florida)

Posts:276

04/22/2009 8:58 PM
Did he replace the role of the developer and have the original covenants rewritten, or does this person believe he is in control just by the number of lots he owns and that he finished the club house?

RachelN
(Utah)

Posts:2

04/23/2009 1:05 PM
Bottom line...........each and every member of this association should know. I read you don't know if you are an association, never mind what kind. How in the world could you possibly ask that kind of question to folks like us that are posting here because we think we can help, and we are much more serious about that than you, at least as far as your posts demonstrates. I never said I didn't know if I was an association. Yes we are an association. And everyone who lives here is being pushed around by this man. I am very serious about this and I am only trying to get help. This man deeded all the common grounds to the HOA. So we all own a portion. He made improvement with out talking with the association. And can not show reciets as to how the money was spent. He wants us to pay for a fence that only lines his properties. And he stoped paying all his dues, and all the power, gas, and taxes on the clubhouse. He bought it from the developer, so I am asking is he the developer, or just a lot owner.And do I have any rights?

BrianB
(California)

Posts:2381

04/23/2009 3:14 PM
you have all the rights given to you in the by-laws and CC&Rs of your association. Unfortunately, i don't know what those are, nor do i understand how someone buys a subdivision... I can understand someone buying some lots, or someone buying unsold lots from an owner/developer, and i guess someone could buy out a developer entirely.. but they wouldn't own any sold lots in the subdivision, even then. Of those three things i can imagine, i don't know which one your person did.. or if he did something else entirely. A lot of your rights will depend on what stage your association is in: developer control, or owner control. only you know which applies. and, a lot of the answers depend on what this guy bought.. land, or the developers share of an association...

SteveM9
(Massachusetts)

Posts:1440

04/23/2009 3:27 PM
I dont understand whats going on either.

RobertR1
(South Carolina)

Posts:5164

04/23/2009 5:52 PM
Rachel, Are you beginning to see the problem here? How can we help you if you don't let us know what is going one? I am serious about what I post also. You say you are an association, what kind, are you a condo? How many Board members and how many members? When was this place originally chartered with the state, was it rechartered with this purchase? What is your board doing? Are other folks concerned? Has this been discussed openly at a Board or owners meeting? Do you have CC&R's, what are your state requirements for HOA's and are you licensed as a non-profit? Have you looked at your state website to see if your name of the association is licensed and chartered/ This is just a start, but you need to know these things, and all I have mentioned can be found out on-line, at least in the states we hear about. Rachel, when folks get on here and post as you did and are just not tell your story, you suffer and if we can help you community suffers. You are to be admired for taking an interest and that puts you in the minority, but not on this site. We all care and want to help. Give this some thought, write out some notes if you can, in fact, if you are a lone member, not much you can get done. But your rights are there along with your neighbors and you need them involved, so start small, build your interest, get detailed records, and find out some of this stuff. Have you gone to the Property records of your county, how about the court records of your county? Have you goggled some of these names that are involved here? If all you know is what you told us, you must go start from the beginning for you and dig up all the papers you can find from your closing. I would make my first stop at a Board meeting and ask the Board if they couldn't spend some one on one time with you and explain what is going on? Ask and keep records.

You are not authorized to post a reply.

Forums > Homeowner Association > HOA Discussions > Who is he?