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Developer built homes without city approval. HOA or owner problem?

  
  
  
  
  
We have just discovered that the "developer" of our homeowners association did not get city approval and that the land is zoned for 2.75 homes - we have 4! Therefore, all of the homes are "non-conforming" which can result in some very serious problems. What can the association do, or is this an individual homeowner's issue?

Comments

First observation for individual owners - this is the reason why every owner should have title insurance. If so, immediately contact each company in writing for assistance.  
 
 
 
As owners of the property, it is your problem first and foremost. While it is a developer problem, it would be best for the owners together retain a real estate law firm with expertise in the development process. The local real estate board may be of assistance in locating effective legal counsel. 
 
 
 
The 4 owners together, along with legal counsel, then schedule a meeting with the City planning department. Involve your City Council member. Involve the local Chamber of Commerce and the Real Estate board.  
 
 
 
One issue will be "who sold you the property?" Sometimes the builder is not the same person as the developer. Your "relationship" will be to the entity that sold your home or lot (if you had to purchase lot prior to building the house). 
 
 
 
It will depend upon the City as to how willing officials will be to resolve this problem THAT IS NOW YOUR PROBLEM.  
 
 
 
If I can be of further assistance, please contact me. Our company provides service throughout the Eastern half of the United States.  
 
Posted @ Tuesday, October 05, 2010 3:29 PM by Nancy Jacobsen
i would have to assume the builder applied for, and received building permits. (notice the S plural) this should put the township/county in a position of responsibility.
Posted @ Tuesday, October 12, 2010 1:59 PM by brian
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