09-01-2016, 05:11 AM
Location: Alabama
956 posts, read
745,004 times
Reputation: 1492
Rule #1, don't move into a HOA.
09-01-2016, 06:00 AM
24,569 posts, read
10,869,900 times
Reputation: 46910
At closing you received your HOA covenants. Details about number of lots sold/built prior to turning HOA over to homeowners should be part of it. He may have X number of votes per lot he holds versus one per homeowner. Have you contacted the management company/representative?
09-01-2016, 06:30 AM
2,513 posts, read
2,790,094 times
Reputation: 1739
Quote:
Originally Posted by
LCTMadison
Not defending his actions (or inactions) but again...its his right as declarant, and this is what comes with buying in a new construction neighborhood where the homeowners do not yet control the HOA. He can remain declarant (as can any developer/builder) as long as he sees fit and if he has future plans for that undeveloped land then that is what he may choose to do. When he is done, he no longer holds an interest in managing the HOA and will let the homeowners take over. He doesn't usually turn over to the homeowners until he is completely done with the neighborhood....and he may not be.
In general, that wouldn't be an issue if he was keeping the overgrowth from spreading into the rest of the neighborhood, maintaining the grounds, and using a bid process for the maintenance. If his land is is part of the hoa, then the enforcement iof appearance should apply to him as well. I guess legally he can run the hoa without owning property that's in the hoa or that can be enforced by the hoa.
I've read the covenant, and very little is said about the builder other than that he's the declarant and can pull out when he chooses. I guess he wants property values to go down. Nothing holds the builder accountable for their land, even though his land is apart of the neighborhood.
Last edited by NoleFanHSV; 09-01-2016 at 06:41 AM ..
09-01-2016, 06:40 AM
Location: Madison, AL
3,297 posts, read
6,266,015 times
Reputation: 2678
Quote:
Originally Posted by
Threestep
At closing you received your HOA covenants. Details about number of lots sold/built prior to turning HOA over to homeowners should be part of it. He may have X number of votes per lot he holds versus one per homeowner.
Yes, but the only problem is that a declarant can amend those CCRs at any time at his discretion....so people need to keep that in mind. As long as the developer is declarant, he can amend the CCRs as he sees fit. There is one builder that notoriously does this in almost every one of his neighborhoods, so when the onsites are telling clients the "HOA is about to be turned over to the homeowners" I just roll my eyes because it NEVER happens.
NoleFan, you might try calling Hughes Properties (I am assuming they manage your HOA) and see if there is anything they can do to assist the homeowners in this matter. I have found that they are very responsive at addressing issues.
I get your frustration...I'm just telling you what the reality is, not defending his actions.
09-01-2016, 08:44 AM
266 posts, read
396,904 times
Reputation: 223
Does anyone think that the State might finally do something about the iron grip that builders have when it comes to these CCRs and HOAs. I was dumbstruck when i found out how little the laws on the books go towards protecting a home buyer. Is the state afraid that if the laws change to favor the home buyer that all these builders would stop building?
09-01-2016, 08:59 AM
24,569 posts, read
10,869,900 times
Reputation: 46910
Quote:
Originally Posted by
LCTMadison
Yes, but the only problem is that a declarant can amend those CCRs at any time at his discretion....so people need to keep that in mind. As long as the developer is declarant, he can amend the CCRs as he sees fit. There is one builder that notoriously does this in almost every one of his neighborhoods, so when the onsites are telling clients the "HOA is about to be turned over to the homeowners" I just roll my eyes because it NEVER happens.
Yes he can which is the reason to read with a fine toothed comb before committing.
09-01-2016, 11:58 AM
Location: Madison, AL
3,297 posts, read
6,266,015 times
Reputation: 2678
Quote:
Originally Posted by
cnygreek
Does anyone think that the State might finally do something about the iron grip that builders have when it comes to these CCRs and HOAs. I was dumbstruck when i found out how little the laws on the books go towards protecting a home buyer. Is the state afraid that if the laws change to favor the home buyer that all these builders would stop building?
We have been trying for several years to get HOA regulation and disclosure laws and we got very close a few years ago but the builders pretty much killed it.
09-01-2016, 01:28 PM
944 posts, read
1,186,299 times
Reputation: 661
Quote:
Originally Posted by
cnygreek
Does anyone think that the State might finally do something about the iron grip that builders have when it comes to these CCRs and HOAs. I was dumbstruck when i found out how little the laws on the books go towards protecting a home buyer. Is the state afraid that if the laws change to favor the home buyer that all these builders would stop building?
Nope, much like any "special interest" group in AL, they have the money and the power - from **** fighting to builders. LCT is 150% correct. Everything and anything gets shut down...every.single.time (this has nothing to do with left or right, it is just how it is).
Our CCR's have changed at least 3 times in 3 years (probably more) and we never receive notices...until a rule is broken, then we do - it is our responsibility as buyers to keep track of them apparently
I never had issues with HOA rules and regs in VA, and didn't think they would be a big deal here either, little did I know - we just go with it, stay within the "laws"
09-02-2016, 08:35 AM
2,513 posts, read
2,790,094 times
Reputation: 1739
Quote:
Originally Posted by
LCTMadison
Yes, but the only problem is that a declarant can amend those CCRs at any time at his discretion....so people need to keep that in mind. As long as the developer is declarant, he can amend the CCRs as he sees fit. There is one builder that notoriously does this in almost every one of his neighborhoods, so when the onsites are telling clients the "HOA is about to be turned over to the homeowners" I just roll my eyes because it NEVER happens.
We have, and afaik Breland has said go pound sand.
A while back we saw the yearly expidentures of our hoa and we were floored by how much the landscaping costs were for the little amount they were doing. We also found out that no bid process was involved for those services.
09-02-2016, 08:39 AM
2,513 posts, read
2,790,094 times
Reputation: 1739
Quote:
Originally Posted by
Becky2517
Nope, much like any "special interest" group in AL, they have the money and the power - from **** fighting to builders. LCT is 150% correct. Everything and anything gets shut down...every.single.time (this has nothing to do with left or right, it is just how it is).
Our CCR's have changed at least 3 times in 3 years (probably more) and we never receive notices...until a rule is broken, then we do - it is our responsibility as buyers to keep track of them apparently
I never had issues with HOA rules and regs in VA, and didn't think they would be a big deal here either, little did I know - we just go with it, stay within the "laws"
I assumed that the reason the builder controlled the hoa was to keep home values up. That doesn't seem to be the case. If anything, it will lower them. People here aren't that opposed to HOA. People are opposed of hoa where they have no voice or the builder changes the ccr just to suit them
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Urban houses (%)
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House/condo owner moved in on average (years ago)
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Industry diversity
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People in Group quarters - On base (%)
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People in Group quarters - Transient quarters for temporary residents (%)
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People in Group quarters - Religious group quarters (%)
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People in Group quarters - Agriculture workers' dormitories on farms (%)
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People in Group quarters - Other noninstitutional group quarters (%)
Residents speaking English at home (%)
Residents speaking English at home - Born in the United States (%)
Residents speaking English at home - Native, born elsewhere (%)
Residents speaking English at home - Foreign born (%)
Residents speaking Spanish at home (%)
Residents speaking Spanish at home - Born in the United States (%)
Residents speaking Spanish at home - Native, born elsewhere (%)
Residents speaking Spanish at home - Foreign born (%)
Residents speaking other language at home (%)
Residents speaking other language at home - Born in the United States (%)
Residents speaking other language at home - Native, born elsewhere (%)
Residents speaking other language at home - Foreign born (%)
Class of Workers - Employee of private company (%)
Class of Workers - Self-employed in own incorporated business (%)
Class of Workers - Private not-for-profit wage and salary workers (%)
Class of Workers - Local government workers (%)
Class of Workers - State government workers (%)
Class of Workers - Federal government workers (%)
Class of Workers - Self-employed workers in own not incorporated business and Unpaid family workers (%)
House heating fuel used in houses and condos - Utility gas (%)
House heating fuel used in houses and condos - Bottled, tank, or LP gas (%)
House heating fuel used in houses and condos - Electricity (%)
House heating fuel used in houses and condos - Fuel oil, kerosene, etc. (%)
House heating fuel used in houses and condos - Coal or coke (%)
House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)
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I never had issues with HOA rules and regs in VA, and didn't think they would be a big deal here either, little did I know - we just go with it, stay within the "laws" 
