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Raleigh, Durham, Chapel Hill, Cary The Triangle Area
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Old 04-11-2009, 06:37 PM
 
835 posts, read 2,877,846 times
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One of the reasons we chose the subdivision we did was because of the pool which we were promised by summer 2009. Now they're saying at least 75 lots need to be sold before they will begin the pool. At the rate it's going, we'll be lucky if our grandchildren can enjoy a pool here because our young teens sure won't! Do we have any recourse? Thanks.
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Old 04-11-2009, 06:40 PM
 
Location: Cary, NC
43,292 posts, read 77,115,925 times
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Quote:
Originally Posted by dinalkulp View Post
One of the reasons we chose the subdivision we did was because of the pool which we were promised by summer 2009. Now they're saying at least 75 lots need to be sold before they will begin the pool. At the rate it's going, we'll be lucky if our grandchildren can enjoy a pool here because our young teens sure won't! Do we have any recourse? Thanks.
What does your contract say?
What do the covenants and bylaws say?

I imagine the builder has enough votes to make the issue go his way in an HOA meeting.
Do you have any advertising, or anything documented for support of your contention?

At some point, it is a question for an attorney, if the builder won't honor his promise.
Your ultimate recourse is likely in court.
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Old 04-11-2009, 06:41 PM
 
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That happened in my neighborhood too. We got the pool a year later than we expected.

I don't know the exact reasons, but I would venture to say that the pool needs HOA funds to run, so unless you want to cough up the HOA dues of the 75 houses they need, you're probably out of luck! At this point with the way some new neighborhoods are going, I'd just be happy if the neighborhood is actually progressing!
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Old 04-11-2009, 06:47 PM
 
Location: Raleigh, NC
12,475 posts, read 32,246,306 times
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I have seen enough new construction contracts to know that MOST of them have a clause saying that the amenties are "planned" for a certain time but there is nothing to say that they are "promised".

Most of the n'hoods do need a certain amount of homes sold before they will begin the pool.

With today's markets, banks are being especially cautious about giving the developers money for the pool.

I've noticed that in alot of these n'hoods, the pool usually comes about a year later.

Definitely check your contract and if things are different than that, get your homeowners in the n'hood together and contact an attorney.

Vicki
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Old 04-12-2009, 05:12 PM
 
513 posts, read 1,605,257 times
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which neighborhood?
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