Question:
Our neighborhood of 106 homes (“active adult” 55+ community) is almost four years old. HOA was transferred to the homeowner Board of Directors (3 members) in 2023. However, we have learned that the Developer still hasn’t transferred ownership of the land parcels (even though the HOA pays the taxes); parcels include 1) encompasses clubhouse, pickleball courts, mail kiosks, open field and community gardens; 2) “roads” which includes entrance sign and other community common areas (we think); and 3) slopes surrounding the neighborhood which includes a nature trail. Is there anything we can do to hasten the transfer of these parcels? The developer is being very difficult.
– Ann
Answer:
Hi Ann,
To speed up the transfer of land parcels in your community, start by reviewing the HOA’s governing documents, such as the CC&Rs, Bylaws, and any agreements with the developer. These documents should explain when and how the developer is required to transfer the land. Once you understand the developer’s obligations, the HOA board should send a formal letter requesting the transfer, clearly stating the terms in the documents and asking for a timeline.
If the developer doesn’t respond, it may be time to consult with an attorney who knows real estate and HOA laws. An attorney can help interpret the agreements and can send a legal letter to the developer to push for the transfer.
Since the HOA has been paying taxes on the land, it may also help to contact local authorities for advice or support in getting the developer to transfer the land. Involving homeowners and gathering their support can also put pressure on the developer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
