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Subject:  South Alabama- Developer standoff -HOA acceptance issues-
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06/15/2006 1:02 PM  
We are in a new development, 130 homes, 13 + common areas, 3 are detention ponds. Developer and builder finished last Dec and we started questioning incomplete issues in March. They then tried to force the association formation. Many contacts suggested do not accept, so we did not. We compiled issues by category and started certified mail, emails etc re issues, had one meeting face to face with builder reps, developer and his lawyer. Have talked with county, one of two bonds never posted for maintenance, etc. Detention ponds have not been properly maintained, overgrown, not draining. Lots of standing water, rats and snakes galore. Got agreement to do some bushhog and one area reemed out with a tactor. etc from developer. Insufficient. Builder says ponds belong to Developer. Developer has done very little to bring to functional level. Design engineer states is as designed. City signed off. City now stating that we need atty. We continue to be advised not to take the association, but now we need funds to hire a lawyer. What can be done as far as forming an informal association, electing officers and raising funds or collecting dues to otain attorney to fight developer and keeping the common areas grass cut and or bushhogged?? If we accept the association now, the city will expect the HOA to deal with all this and pay for it. There are no laws governing the HOA's in Al per the state real estate commissioner office. Any suggestions will be appreciated.


06/16/2006 9:11 PM  
We had a much smaller issue with the developer at our assocation and several homeowners met with an attorney that was very eager to take the case on contingency (outside of the HOA) as a class action so to speak. Once the developer was informed of our intentions they stepped up to the plate. That said, you may want to consult with one (or several) in your city that specializes in real estate or construction defects prior to taking the HOA over.

Good luck!
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Forums > Homeowner Association > HOA Discussions > South Alabama- Developer standoff -HOA acceptance issues-

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