HOA Developer Control in Tennessee

Question:

2-year old, small community of about 20 homes where the builder is the HOA President; there’s no HOA board; no communication; no meetings. All questions or comments go to customer service where they are answered with abruptness and usually the issue is not resolved or not given a satisfactory answer. We have marginally landscaped, tiny front yards; builder/HOA has never landscaped the common areas; irrigation on properties goes on and off (we’re told due to breaks in line?) and our plants die and lawns turn brown. It’s a slow build-out progress with another 20 or so homes still to be built so our streets remain unpaved. The perception is that this builder is not going to provide any enhancements to improve the appearance of our community and property investments are going to suffer the consequences. What can we do?

– Karen

 

Answer:

Hi Karen,

Typically, developers assemble and control an HOA board while communities are under development. You may raise this with the developer and request them to form a proper board.

In addition, developers usually have specific maintenance duties to fulfill as provided for in the governing documents. Kindly refer to the governing documents to see what powers and obligations the developer may have. Likewise, you may raise these concerns with the developer.

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

For further guidance, kindly consult a lawyer.

 

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

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