[irvinec]

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At what point should the developer hand over the HOA to the homeowners? It’s been 6 years but they still haven’t done so!

[ollieoxen]

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It depends, really. Which state are you in? And what percentage of the homes have already been sold?

[irvinec]

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I live in Florida. Not sure about how many homes have been sold as it’s a pretty big development and I can’t say for sure. I’ve tried asking the developer but haven’t gotten a response. They don’t hold meetings regularly. And when they do, they shut us out. Is that legal?

[ollieoxen]

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I’ve done some research and it looks like Florida law (HOA Act 720.307) says transition should begin 3 months after 90% of homes have been sold. At this point, a majority of the board should consist of homeowners. Your declaration should also be able to give you more information.

[irvinec]

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That’s the thing. I don’t even know what our declaration looks like! They haven’t handed us a copy even though they’ve said they would.

[altotyler35]

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Hey, OP. Sorry you’re going through this. Sounds really tough.

Anyway, ollieoxen is right about the Florida HOA Act. But you did mention other problems in your community, too. Even in a developer-controlled HOA, the developer should still uphold the fiduciary duty of the board. That means following the governing documents, which usually includes holding regular meetings and allowing owners to attend them. This is even required by law under Section 720.303(2)(b) of the Florida Statutes (for homeowner’s associations).

If you can’t get a hold of the governing documents (which your developer should ABSOLUTELY give you), you can try going to your county recorder’s office and asking them for a copy. The association’s declaration is typically filed there as a requirement.

Good luck!

[altotyler35]

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Oh, and one more thing — Florida law also gives homeowners the right to inspect and copy association records, including the governing documents. Section 720.303(5). Check it out.

[cascascassie]

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Although citing laws and all is great you don’t have a lot of options if your builder simply refuses to follolw them. Try showing them these laws but if they still don’t budge then you might need to sue. I know it’s not ideal since itwill take time and cost money but if you’re really unsatisfied you might wanna consider it.

[irvinec]

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Thank you for all your responses and help! I will check how many homes have been sold. If we’re at 90%, then maybe we can just take control of the board. I’ll start there. Then I move on to other routes if nothing else works. THANKS AGAIN!!!

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