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Old 05-03-2011, 07:28 AM
 
564 posts, read 1,256,763 times
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I am in a neighborhood that another builder wants to move into. He does not want to follow the CCR's that are established. I know there is a ton of hoa knowledge on this forum and was wondering where I can find the laws that would govern the new owner to follow the CCR's and give the current owners the right to enforce. We are being told the owner can change them at anytime. Thanks for looking at another HOA thread.
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Old 05-03-2011, 07:41 AM
 
385 posts, read 769,946 times
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Originally Posted by mayday30 View Post
I am in a neighborhood that another builder wants to move into. He does not want to follow the CCR's that are established. I know there is a ton of hoa knowledge on this forum and was wondering where I can find the laws that would govern the new owner to follow the CCR's and give the current owners the right to enforce. We are being told the owner can change them at anytime. Thanks for looking at another HOA thread.
Sounds like your development is currently still being "built-out" which likely means the developer/builder still controls the HOA and thus can change the rules as they wish. If this is the case afraid there is not much you can do.

Some local jurisdictions (Mint Hill I think is one) have enacted new laws to prevent this going fwrd, but they are not retroactive unfortunately.
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Old 05-03-2011, 07:44 AM
 
564 posts, read 1,256,763 times
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Yes it is still in the build out phase.
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Old 05-03-2011, 02:08 PM
 
5,150 posts, read 6,666,543 times
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Originally Posted by mayday30 View Post
Yes it is still in the build out phase.
I agree with palmetto75. Manny people do not know but larger neighborhoods with multiple builders also have multiple HOAs. Usually they are very similar to make management easier. Either it is done for each builder or for each phase. Otherwise you couldn't have the first HOA since things are usually bound to lots and no lots exist early on.

The more interesting question though is how do you know they are in conflict with the existing HOA? Are they doing something "wrong" ?
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Old 05-04-2011, 07:42 AM
 
Location: Charlotte, NC
4,761 posts, read 6,447,441 times
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Care to share the name of the neighborhood and builder?
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Old 05-04-2011, 08:45 AM
 
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An HOA community I used to live in FL did this to us. It was a houses only community and my house was built in the last phase. There were 3 model homes to tour and a huge parking lot. I remember it was written in the brochures X amount of houses only, exclusive etc. Plus it stated in the HOA that only houses to be built.

Well instead of selling out the model houses, they tore them down and built townhomes, packed it on the lot because the builder bought the land next door and was able to put a street linking our community to the land next door which turned into a townhome community.

It was an uproar of course since the new model townhomes was right at the entrance and our entrance was the only way to get to the townhomes.

We moved out of there within months but last I checked there is a thriving townhomes community still there.
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