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It is not unusual for the developer to be exempt from some of the HOA rules. The thought is that the developer is temporary. The governing documents should spell out when the HOA is turned over from the developer to the homeowners. The turn over time is typically when the project is sold out - or very close to it. (You will need to check the documents.) Until the HOA is turned over, it's not likely you will have much leverage. The problem at this point in time is that since the market has turned down, the sell out period may be a long time from now. So check your state laws, there may be something there that may be helpful to you.
In the meantime, you might want to try to rally other homeowners to apply pressure to the developer to comply with the rules. At this time it may be the easiest path - and it just may work.
Best wishes.
The intention of mine and MAM's posts isn't to shut down any exchange of ideas, but quite frankly the only option is attorney involvement.
There are MANY non-professionals on here, and in fact I think there are more non-pros than pros on here. If you are looking for discussion, there is more than enough on here to keep you happy!
This sort of thing is indeed happening everywhere in the U.S., right now.
It's serious stuff and and requires professional counsel from an attorney who understands and can interpret the laws and precedents in the OP's area give the OP and his/her neighbors, their options.
This sort of thing is indeed happening everywhere in the U.S., right now.
It's serious stuff and and requires professional counsel from an attorney who understands and can interpret the laws and precedents in the OP's area give the OP and his/her neighbors, their options.
Anything else is speculation.
I think you are correct, with one caveat. Starting an endeavor like this without having some personal knowledge foundation can easily make for a much bigger problem. I wish the OP would really get to know the basics of the law before going to an attorney.
Maybe the OP would search out what State Court Circuit they are in, then type in " ____ Circuit Court of Appeals HOA injunction affirmed denied" and just see where that takes him on his quest for a full understanding.
Generally speaking, the Developer is the "law", if you, will untill a certain % of the development is sold. Then usually what happens is that it is a requirement that aan association be formed.
Then the control is transfered to the owners.
All of this should be spelled out in the covenants itself.
Bill
PS: The above is a simplified case scenario. Each state and each development will vary.
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