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Developers still using condo association common areas. Must we pay?

Posted on Thu, Dec 02, 2010 @ 03:08 PM
  
  
  
  
  
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We recently purchased a new construction condo. Because they are trying to fill the units, the sales team has taken over our recreation room as their own, and none of us home owners have access to it while there are still available units for sale.

We're 75% full. They have started collecting home owners dues in full - 100% -- starting the first of the year. Because this is to cover costs to manage all common areas, I would like to make an argument that if we are paying for maintenance on the common room through HODs, we should have access to it - or they should discount our dues accordingly.

Is this a legitimate (or legal) argument? Do we have any wiggle room here? We don't yet have a HOA, since we are still so young, so it's up to us as home owners to make a stink when these things happen. Wanted to do a bit of research here first to see if it's something worth arguing for. Thanks!

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Comments

I'll try to helb but to do so I need to be old in what located. With that info I'll download a copy of your state laws that apply to establishement of condominium by developer and I shall then be able to advise you. .
Posted @ Thursday, December 02, 2010 7:51 PM by Charles Adlert
Charles has advised you to check the State Condo law. 
 
You need to check your documents. The association was established prior to any sale of units. You are in a condo - not an HOA. Even if there is a Master HOA, the condo has its own association and documents.  
 
The documents will address Developer Rights. If the docs were written with a provision for the Developer to use the Common Property for a sales office, the condo owners will have a more difficult time getting the sales office moved.  
 
However, most State Condo Acts provide transition of authority to the owners after sale of a specific percentage of the units. This is far more important to focus on - as the owners would be setting assessment rates and determining with legal counsel what remaining rights and obligations the developer has.  
 
Budget, insurance, funding for reserves - these are all important initial considerations for the owner elected board.  
 
Some state and local communities also have established agency assistance for condo and HOA owners. Check this out too.  
 
Assistance from knowledgeable professionals is available.  
Posted @ Friday, December 03, 2010 10:02 AM by Nancy Jacobsen
Nancy-you have the gacts exactly defined. Key are the documents and the state condo act.
Posted @ Friday, December 03, 2010 2:19 PM by Charles Adler
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