08-31-2016, 09:49 AM
2,513 posts, read
2,792,261 times
Reputation: 1739
I live in a breland subdivision in the county. Dr Horton has built out all the lots. But, breland still owns land behind the neighborhood. I have two questions. Since this land is undeveloped, is it still part of the neighborhood? Basically, the builder has control of our hoa and we want that to end. Secondly this land has become overgrown. We get cited for a weed in our yard but we can't get breland to maintain that land. Is there any recourse?
08-31-2016, 10:52 AM
3,465 posts, read
4,842,681 times
Reputation: 7026
Most likely he is going to develop that land in the relatively near future as another phase of your subdivision. As for the land, it being undeveloped land out in the county, I would imagine nature can take it's course. It is land, it is out in the county and stuff grows. lol It would be different if it was within the city limits in the middle of developed areas where city ordinances are in effect. I doubt there is much you can do and if you try, you will probably just throw thousands away in attorney and legal fees and in the process you will tick him off. Keep in mind, he could go in a different direction with that other land and sell the development to someone who can build super cheap crap houses on it, which would kill your property values since real estate agents will start using those houses as comps. This has happened all around this area in recent years.
08-31-2016, 10:56 AM
2,513 posts, read
2,792,261 times
Reputation: 1739
But the overgrowth is moving onto other properties. I also don't think it's right to have the builder control the hoa if they are just sitting on the land. Do any neighborhoods actually gain control of their HOAs?
08-31-2016, 10:59 AM
3,465 posts, read
4,842,681 times
Reputation: 7026
Quote:
Originally Posted by
NoleFanHSV
But the overgrowth is moving onto other properties. I also don't think it's right to have the builder control the hoa if they are just sitting on the land. Do any neighborhoods actually gain control of their HOAs?
Typically, I believe once the development is finished the developer will turn the HOA over to the residents.
08-31-2016, 01:35 PM
2,454 posts, read
3,218,249 times
Reputation: 4313
Quote:
Originally Posted by
NoleFanHSV
But the overgrowth is moving onto other properties. I also don't think it's right to have the builder control the hoa if they are just sitting on the land. Do any neighborhoods actually gain control of their HOAs?
You might check with the HOA at Bridgewater Landing. They are a Breland / Horton development and I believe the HOA was turned over to the residents.
08-31-2016, 04:54 PM
Location: Madison, AL
3,297 posts, read
6,269,312 times
Reputation: 2678
The developer (Breland) is a completely different entity than the builder (DR Horton). Breland is selling lots he is developing to DR Horton (well....maybe
That relationship is quite contentious right now so he may be seeking out another builder, I would imagine it would be DSLD Homes which he has some close ties to). Breland will turn over the HOA when he is ready, but if he has additional land/lots to be developed then he may wait.
He just turned over Stillwater Cove, and it was as the last lots were being built and there is really no additional land to acquire as the adjoining landowner (who I know) has said he is NOT selling to him.
Yes, at some point the HOA will be turned over, but that is at the declarant (in this case, Breland) discretion unless it is spelled out in the CCRs (I cannot recall if this is addressed, he typically does not). Some developers will have a time frame in the covenants....but even that can be amended. There is one "declarant" in town that loves to do that...he just continues to file amendments and keep his people on the neighborhood boards.
Last edited by LCTMadison; 08-31-2016 at 05:11 PM ..
08-31-2016, 05:27 PM
944 posts, read
1,187,261 times
Reputation: 661
Good luck on getting him to turn anything over until he is good and ready to do so...there are NO laws that covers buyers in this state, only builders
It's been an ongoing and futile battle here in our neighborhood and he runs the HOA as he sees fit - after gawd knows how many years. I have given up caring, they take good care of the grounds, what more can we possibly ask for
08-31-2016, 06:35 PM
2,513 posts, read
2,792,261 times
Reputation: 1739
Quote:
Originally Posted by
LCTMadison
The developer (Breland) is a completely different entity than the builder (DR Horton). Breland is selling lots he is developing to DR Horton (well....maybe
That relationship is quite contentious right now so he may be seeking out another builder, I would imagine it would be DSLD Homes which he has some close ties to). Breland will turn over the HOA when he is ready, but if he has additional land/lots to be developed then he may wait.
He just turned over Stillwater Cove, and it was as the last lots were being built and there is really no additional land to acquire as the adjoining landowner (who I know) has said he is NOT selling to him.
Yes, at some point the HOA will be turned over, but that is at the declarant (in this case, Breland) discretion unless it is spelled out in the CCRs (I cannot recall if this is addressed, he typically does not). Some developers will have a time frame in the covenants....but even that can be amended. There is one "declarant" in town that loves to do that...he just continues to file amendments and keep his people on the neighborhood boards.
If there were marked and platted lots, but that's not the case. He could just own the land for years if he wanted too. People need to know that up front. If the land was being developed, I wouldn't have an issue.
08-31-2016, 06:36 PM
2,513 posts, read
2,792,261 times
Reputation: 1739
Quote:
Originally Posted by
Becky2517
Good luck on getting him to turn anything over until he is good and ready to do so...there are NO laws that covers buyers in this state, only builders
It's been an ongoing and futile battle here in our neighborhood and he runs the HOA as he sees fit - after gawd knows how many years. I have given up caring, they take good care of the grounds, what more can we possibly ask for
They don't here.
08-31-2016, 08:04 PM
Location: Madison, AL
3,297 posts, read
6,269,312 times
Reputation: 2678
Quote:
Originally Posted by
NoleFanHSV
If there were marked and platted lots, but that's not the case. He could just own the land for years if he wanted too. People need to know that up front. If the land was being developed, I wouldn't have an issue.
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.
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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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That relationship is quite contentious right now so he may be seeking out another builder, I would imagine it would be DSLD Homes which he has some close ties to). Breland will turn over the HOA when he is ready, but if he has additional land/lots to be developed then he may wait.
It's been an ongoing and futile battle here in our neighborhood and he runs the HOA as he sees fit - after gawd knows how many years. I have given up caring, they take good care of the grounds, what more can we possibly ask for 
