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Subject: Developer to homeowners
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05/15/2006 1:38 PM  
I need some direction of where to start in gaining the knowledge I need to stand up to our developer. We bought our custom home lot in a community in Coolidge AZ . It is partially semi custom homes built by the developer and building lots for custom home builders. We bought early into the project before all of the proposed amenities were complete. It is a development with about 200 one acre home sites. The builder has built about 20 semi custom homes and about 20 additional custom homes have been built.

Here is the problem: The developer has not followed through as it was proposed or modeled to us prior to our purchase. White rail fencing and stone columns to surround the community and line the main entrance roads the entire depth of the community have not been completed nor has the common areas been landscaped or maintained as they said they would be.

Out of the 200 lots and the 40 homes built only 8 homes have people living in them. Most of the semi-custom homes built by the developer were sold to out of state investors who have no intention of moving in. I recently wrote a letter to the developer with my concerns. They responded by telling me that they are preparing to turn the community over to the homeowners and they plan on having a meeting with the homeowners in about 6 weeks.

I need to find information on what our rights are as a homeowner to prepare for this meeting. Can they turn it over with only 8 homeowners living here? Can they turn it over without completing the project as they said they would? Do the same CC&R's transfer over to the homeowners from the developer? Who pays for the legal advise? Any help or direction would be greatly appreciated.


05/15/2006 1:52 PM  
You need to talk to an attorney. Almost the same thing happened here in Chandler, not finishing as stated, and it was taken to court but I don't know the results.


05/15/2006 3:30 PM  
You can read the Declaration to gain some insights. If manditory assessments are in the Declaration and they want to turn it over, I would want changes in the Declaration which would give the non developer lot owners an advanage over the Developer in a manner you can increase the assessment and otherwise control meeting and controlling documents of the HOA.

You will need a knowledgeable attorney and you (and other homes who volunteer) will have to pay the fees unless you can get the current Board, which is controlled by the Developer, agrees to pay your costs
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