Builder-Controlled Arkansas HOA Not Responding

Question:

The builder of the subdivision took role as president. We are not allowed meetings nor any voting of where our $400 per resident is spent. Dead hazardous tree are not being cut down. Green space is a tiny pool and swamp land. As of now about 100 homes with more to build. If someone does not like something they did to your home his reply is take as is or I will take hoMe back(knowing he can sell for more). Builder can not be reached. Residents complain to each other. Many have written letters since he can be reached No response. We are in NO WIN situation!!!!!!!!!!!

– Christy

 

Answer:

Hi Christy,

It is normal for the developer to have control over the HOA and the board while the association has not been turned over to the homeowners yet. Turnover usually happens after a certain number of years or once a percentage of the lots have been sold. It really depends, though, on what your governing documents say. As such, make sure to read through your bylaws and declaration to understand when turnover must happen and what options you have as a homeowner. Boards, even when controlled by the developer, must still uphold their fiduciary duties to the association. If you need further assistance, it would be best to consult an attorney.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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