Question:
Does the Developer have to pay for maintenance of amenities that have not been conveyed to the HOA? These would include ponds, fountains, and snow plowing of streets.
– Pat
Answer:
Hi Pat,
A developer is generally responsible for maintaining common amenities and infrastructure that have not yet been conveyed to the HOA. Until the formal transfer of ownership occurs, the developer retains control over these assets and is typically required to fund their upkeep. This includes maintaining ponds, fountains, and snow plowing of streets if those responsibilities are outlined in the development agreement, local regulations, or governing documents.
The terms of maintenance obligations should be specified in the HOA’s governing documents, the developer’s agreement with the municipality, or any applicable state laws. Many jurisdictions require developers to maintain common areas until they are formally turned over to the HOA. If maintenance is not being performed, homeowners may need to review local laws or consult an attorney to determine whether the developer is violating any agreements.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
