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New HOA worries about liability regarding developer

We have a controversial issue going on within our HOA at this time in that it was recommended that we carry insurance protection for our BOD's, this was recommended by the developer who has been quite controversial as to how he makes his decisions. Right now, we know that he is not in good graces with the city that our HOA is located in. He's battling them to have his bond money returned to him so he can start building again. They've tried to tell him that until he completes our subdivision, the county will not refund the money to the city so it can be returned to him. He's not provided things like landscaping, lights, signage at our entrance, fire lane markings on the roadway and several other items that he agreed to before having his proposal approved by the city.
The city is saying that until he pays for them to send a camera through the sewer system to make sure nothing got into it to create any blockage, they will not release his bond money. Now he says that he'll sue them if they don't release it. Speculation is that there is something wrong and he wants this insurance policy in place to protect him in the event that the city finds something in the sewer system so us as homeowners don't come back to sue him. The insurance policy would have to pay for any damages. Not sure how that works but I do know that he's a slippery piece of soap and not a clean on either.
So the other BOD's are wanting to table the decision of adding this insurance to our all ready high insurance premium. The question is: can they table this decision until more information is gathered to make a sound decision and can they make this decision without having all the co-owners vote on this?
We are a small HOA (only 5 homes as of now) located in Michigan with 2 vacant lots not yet sold. Also, how do we know if there is an ombudsman that we can contact for help on our issues with this developer? He says that he has control over us until he gets past the sales and construction part of our subdivision. He has two lots left to sell but doesn't seem to be in any hurry to sell them due to the price on these lots (more than twice of what they are valued at). He's been offered fair market value but walked away from them on several occasions.

Developer trying to keep control over HOA board

Our HOA is quite small, located in Michigan with only 5 homeowners at the present time. I say that as the developer has 2 vacant lots that have been for sale since 2005. At our annual HOA meeting we got into a huge disagreement with him over the issue of what is considered a unit. Our understanding is a unit is an enclosed structure, his argument is that, "in a developers world the 2 vacant lots are considered units". The reason this came up was he wants to have 2 votes, 1 each for the vacant lots that are in his sons name. Also, he had a representative (his real estate agent) attend the meeting to cast his votes. To complicate this even more, our President allowed him to join in on the meeting by telephone.
Our by laws clearly state that a homeowner has to attend a meeting in order to cast a vote. With that being said, what is the correct definition of a "unit". Also, is it permissible to allow him any voice by telephone and do we have to allow his real estate agent in our meeting acting as his representative to cast his votes? I might add also that neither the developer or the real estate agent own a home in our subdivision.

Any and all comments are gratefully appreciated ASAP as we are looking to have a special called meeting to remove the current President from office because he is nothing but a "puppet" of the developer. Also, we don't need the developer on the telephone during this meeting as nothing will be accomplished due to him talking constantly. We just want to make sure that our ducks are in the right rows so we have answers to fight back with

New HOA's first move - terminate property management contract

Our HOA has just been turned over to the community from the builder. The association was controlled by a third party management company. We currently have 60 homes in the association with another 30 being added over the next year. Our current budget is around $40k. We do not have any current structures to maintain and very little common area. We do have 3 retention ponds and a small wetlands area. I am currently a new member of the board . The other board members want to immediately cancel the agreement with the management company and run the association on our own. I would like to hear the pros and cons of this decision from other HOA’s who have gone through this process. Current management fee is $6,000 and we are an Ohio association.

Developer behind move to collect old assessments from condo unit owners

My husband and I and four other groups make up 33% of a professional condominium association. The remaining 67% is owned by the developer. There was a merge 20 months ago and now the "new" majority has decided to go back 6-10 years and collect for common areas assessments that for 33 years were never passed on to us. Can they or anyone else for that matter threaten to take you to court for charges that you were never billed for (and still haven't been billed for them) and after 20 months of threaten to put liens on our practices. Can they do this! We have retained legal counsel for this matter, however, they are sitting on their hands. I think they are intimidated by who the 67% represents. Can you give me some idea if they can go back 6-10 years and bill us for something that we never knew we owed. Please help...this has become a nightmare...they are holding this over our head and continue to threaten us with liens and forcing us to sell them back our units to mitigate what "they" think we owe.


Can our new HOA get a developer transition audit?

Where can I learn about the meaning and scope of a developer transition audit. One CPA firm said it was getting audited opinions for prior years "Review prepared" financial statements. That can't be correct. Its has to be more of a special accounting review (sort of forensic) of developer books and records by an accounting firm well versed in transition matters.


Condo association is headed for "de-conversion"

Has anyone dealt with a association going thru a "de-conversion"? We have an apartment in Chicago that we are renting. We have seen notices of this de-conversion posted for the owners to come to meetings about it. I would think the new owner has to honor any leases in place, but can we request a new, possibly longer (2 year) lease from our owner that the new owner would then have to honor? Have never seen or heard of a building going back to no condominium status. Being we are renters, no one is proving much info about the process, or where the tenants would stand. Any one dealt with this?

Do we need a consolidated master deed for our condo project?

Is the developer required to file a consolidated master deed at the end of the project in Michigan?

Does developer need to file a consolidated master deed?

Is the developer required to file a consolidated master deed at the end of the project in Michigan?

Developer trying to control HOA board elections

Our condo association will be transitioning to owners in June from the builder. There are still only 26 residences out of 52 proposed, the rest are empty lots. The current management company, sent us all a letter telling us we must vote in new dirctors that day. They are working for the builder who has control of the current board. Can we on our own, ignore their letter, set up our own vote if all agree and elect our board, and then tell them about it after the fact? Do we have to go by the letter they sent us and ballot attached? any info you have on the transition is helpful as we are all clueless thanks


Owner of vacant lots not paying HOA fees

We have a small HOA (5 occupied units to date) in Michigan, the developer resigned from being President at our last HOA meeting and nominated another homeowner (his “yes” man for some time) to fill his vacant position. We have 2 remaining lots that need to be sold, these lots are in his sons name of which he is not paying any dues on them. Our bylaws state that the developer does not have to pay dues until they are built on and the city has issued a “CoO”. These lots have been in his sons name for several years without any dues being paid (I’m sure it is because the ex- President was thinking he didn’t have to pay because he was the developer). 
Because he is not a landowner/homeowner, can we collect dues from his son, whose name appears on the city tax rolls? The ex-President is a VERY unscrupulous, devious individual that likes to bully everyone and will go out of his way to make everyone's life miserable.

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