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Old 08-07-2008, 04:06 PM
 
1,050 posts, read 3,524,970 times
Reputation: 1201

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I am in a subdivision in Acworth, Ga. The builder has taken in our HOA dues, and finally opened an account for the specific purpose. He took a year to cash our check the first year. Now after two and a half years, with the economy as it is, the building has come to a halt. Lots are not selling. We need to be at about 90% occupied to take over the HOA ourselves. Until then he is the HOA. We were after him to get a financial report out to see just where we stood and where the money was going. What we saw was all the money going to "lawn care". aside from small amounts 50-100 dollars, there were two checks one for $6,000 and one for almost $3,000. What we assume to be true is that he took from our HOA funds and did the plantings out in front of the subdivision and also leyland cypress around a retention pond. We are now demanding to se a more itemized statement as to this major "Lawn care" item. Several of us homeowners feel this is illegal as it is his responsibility to take care of this out of his "pocket". The realtor who was in charge when we bought as since left. Of course she made all the typical promises of what was to be done. We still do not have a stone monument...just the wooden sales sign.. I need to know if it is legal for him to use HOA funds any which way he wants, and do we have any recourse in getting our money put back?
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Old 08-07-2008, 04:12 PM
 
9,124 posts, read 36,371,880 times
Reputation: 3631
The HOA funds should not be used for the original landscaping, the monument sign, etc- those are items that the builder has to provide from his pocket- not yours. Your HOA fees should only be covering maintenance items, so I'd want to see a more detailed breakdown of costs (receipts, etc) to make sure he's not screwing around.
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Old 08-07-2008, 05:29 PM
 
171 posts, read 663,774 times
Reputation: 98
The few homeowners that are there in that specific subdivision should get lawyer involved if he can't or won't produce a itemize receipt of all his spendings for HOA, so that y'all know where your money is going. The agent's job that was representing the builder, their job was to sell the lots and/or the proposed homes that were to be build on those individual lots. Not insure that the landscaping or monument sign (saying what the name of subdividsion is) got built or install. The outside landscaping outside the subdivision is the builder's responsibility. Some builders will only install landscaping (nothing elaborate) on the front part of the house and leave to the homeowners the responsibility for doing the backyard landscape/hardscape.
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Old 08-07-2008, 07:32 PM
 
1,050 posts, read 3,524,970 times
Reputation: 1201
Thanks for the input. I am hoping we won't have to see a lawyer. We actually have a homeowner who is an attorney. The on site-part-time realtor said an itemized list is forthcoming..the problem is when. It gets frustrating. Get it in writing is the only way.
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Old 08-07-2008, 08:50 PM
 
1,755 posts, read 5,680,198 times
Reputation: 556
Curious as i live in Acworth, which n-hood is it?
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Old 08-07-2008, 08:59 PM
 
26 posts, read 83,728 times
Reputation: 17
I also live in Acworth. What's the n-hood?
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Old 08-08-2008, 06:28 AM
 
1,050 posts, read 3,524,970 times
Reputation: 1201
Default hoa problem

Saddleoaks
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Old 08-08-2008, 11:17 AM
 
165 posts, read 548,566 times
Reputation: 48
good luck - they'll get out of it. Welcome to the good ol boy system.
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