Developer in Tennessee Refuses to Elect an HOA Board

Question:

There is no HOA Board and has never been one since the beginning of the community over 25 years ago.

The residents want to establish a board of directors to manage the HOA; however the developer refuses to cooperate with residents. He assesses fines, bullies elderly members and tells everybody he is the HOA and threatens to place liens on our property if you are non-compliant with his demands.

Can you provide some options for our community.

– Roger

 

Answer:

Hi Roger,

Kindly review the governing documents to see when developer control should end. It may state that developer control would end after a specific percentage of the homes are sold or after a specific timeframe. If the developer control period is up, you may raise this with the developer and elect a board according to the procedure outlined in the governing documents. The governing documents may also outline the developer’s duties.

Here is a resource you may find helpful: https://www.hoamanagement.com/developer-controlled-communities/

For further assistance, kindly consult a lawyer.

 

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

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