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Can home owners association prevent a developer from expanding?
Wiki User
∙ 13y ago
Read your governing documents to determine when the declarant control period ends. Usually there are several and various events, any one of which can determine the end of the period:
- X number of years without expanding
- X number of years since the last unit sale
- X number of unsold units remaining (too many to warrant expansion)
and so forth.
If the developer is expanding within the time allowed in the governing documents, that's the developer's right.
If the developer plans to expand the project and the declarant control period has ended, then the association's legal counsel can work with the developer to either offer an option to expand or deny the option.
Wiki User
∙ 13y ago
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Do residents have any power in a developer run Homeowners Association?
Read your governing documents to determine how owners are empowered while the developer is still in control of the association. There is no standard.
Why are developer contributions to a Home Owners Association considered a liability?
Developer contributions to a Home Owners Association (HOA) are considered a liability because they represent an obligation or responsibility that the developer has towards the HOA. These contributions are typically part of a legal agreement between the developer and the HOA, outlining the developer's financial responsibilities for the community's maintenance and development. Until the developer fulfills their obligations by making the required contributions, it remains a liability for the HOA.
When does a condominium association cease to be an association?
Usually, the association must be dissolved in order for the association to cease. (It may not be in good standing under the guidelines of the Secretary of State, but not filing your annual renewal -- if one is required in your state -- but this may not automatically dissolve the association.) Your governing documents may provide a process or method of dissolving the association. Dissolution usually occurs in the case of a disaster that essentially destroys the physical structure. Dissolution may also be used when the project's developer has established an association favourable to the developer and then the developer abandons the project. Remaining owners, including the developer's lenders, may choose to dissolve the faulty association and form another that is more useful to the operation of the community. NB: The status of the association is the business status; the declaration status, which is the land-use status, is not affected when the association's status is changed.
How do you form condo owners assoc?
To form a condo owners association, you typically need to follow these steps: Obtain support from other condo owners who are interested in forming an association. Determine the purpose, bylaws, and rules of the association. Hold a meeting to elect board members and establish roles and responsibilities. Register as a legal entity and obtain any necessary licenses or permits. Develop a budget and fee structure to fund the association's activities. Communicate with all condo owners to inform them about the association and encourage participation.
If the subdivision is not complete do you have to pay home owners association dues on property bought before completion?
Read your public offering statement and governing documents to determine when owners begin paying association assessments. As well, understand the developer's responsibilities to pay assessments -- once they become due -- on undeveloped and unsold properties.
If common areas in a housing community are still owned by title by the developer never titled to the Home Owners Association who is responsible for the upkeep and liability of those common areas?
This is not a legal answer; your answerer is not an attorney.If the association can verify that title remains in the developer's name, the association may be able to recover costs it has expended to keep up the common areas. Legal counsel is required to take action against the developer.The key element in your question is liability.You can ask your master insurance policy broker to verify that the association is paying premiums to cover liability in the common areas, and if indeed, as above, the title remains in the developer's name, the association should be able to pursue the developer to recover the costs of these premiums.The association's counsel can assist you, and answer your question in particular, given evidence the association can retrieve.
Can the board president dismiss a member?
It depends on whether the member is a member of the board, or a member of the association. If, for example, the developer is the board president and has appointed a member of the board who serves at the pleasure of the developer, the developer may indeed be able to dismiss such a member. Your governing documents detail whether or not this is possible and the process by which it is completed. If a board member has been elected by the members/ owners, then no: the President board member may not dismiss another board member. Board members can only be recalled by a vote of owners. On the other hand, if owners are members and not members of the board, then, no: all owners are members of the association until their property is sold to another buyer. They cannot be dismissed by anyone. Your governing documents are clear, and if they are silent, your state law governing associations is clear about the rights of boards and their responsibilities and authorities, depending on the status of the association. As well, if the association is a corporation, state law governing that type of corporation may apply.
What the law has impose on the developer of a condominium who transfer the title of name under other's name without the owners consent?
State condominium laws apply to each developer's behaviour in your state. This does not mean that your developer has chosen to follow the law and abide by it. You can consult with a local, association-savvy attorney with the particular details of the transfer title situation in your case.
When was Norwegian Forest Owners Association created?
Norwegian Forest Owners Association was created in 1913.
When was National Association of Theatre Owners created?
National Association of Theatre Owners was created in 1965.
How can a sub-division start a home owners association?
Find an association-savvy attorney in your location, so that a set of governing documents can be crafted that covers all the variables in your development. You may be able to save this expense by conducting a survey of owners with a series of benefits and drawbacks, to see how many would vote to become part of an association. The caveat is this: you need 100% of the owners to be willing to be part of an association in order for its benefits and drawbacks to be in effect. Best practices dictate that associations for sub-divisions be integral to the developer's initial plans, so that every owner understands from the beginning that there is an association in full force and effect.
Who is responsible for changing the ownership name from developer to homeowners association on condo docs in NH?
Read your governing documents where you will find a definition of the transition process, where the developer -- declarant -- transfers control of the project to the control and management of the association by its owner-elected board. Lacking the inclusion of this process in your governing documents, read your state law. You can follow the link to it, below. This is also a process best accomplished under the guidance of an experienced association management company and an association-savvy attorney, to insure that owners receive all of the materials due them under state law from the developer at this critical benchmark in the life of the association. Changing the ownership name is one of the tasks to be accomplished in this transition.
