Question:
I am representing a group of homeowners in a 2 year old community. There’s a builder controlled HOA that essentially is non responsive to any request or concern we send to them and the hoa manager that works for the builder. The builder has decided to rent their remaining property within the community therefore ceasing sales activity. Our hoa docs mention termination of declarant control when sales activity has ceased. We are trying to figure out how to get the builders attention.
– Alex
Answer:
Hi Alex,
The Declaration should contain turnover procedures that the association will follow after the period of declarant control ends. The Bylaws should also outline voting rights, voting processes, and election procedures.
If you’re having a hard time contacting the developer or HOA manager, try forcing the transition or looking into the requirements of calling a special meeting of the HOA. Typically, this will require a certain percentage of the members petitioning to call for the special meeting. You will find this information within your CC&Rs or Bylaws.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
