Question:
A lot in our HOA was purchased by an LLC whose developer wants to build a spec house on the lot. This developer associated with the LLC wants to run for the HOA board. Is the developer an owner or is his LLC the owner? It is difficult to learn who the other LLC members are.
Question: In order to run for office you must be an owner and a person. Is the developer/LLC member considered to be the property owner, or is the LLC the owner?
This developer has several aspects of his project which violate our Declaration of Covenants and also Easement Law. It has progressed through the HOA Board through closed door meetings. The Board is now asking the HOA to donate common property to him so the HOA will “not be liable” for a hazardous aspect of his project, an elevated steel roadway structure on our common property.. (We are told by insurers that even if we give him the property, we will still have liability.) We’re concerned that he wants to have power over the HOA to achieve his agenda.
Thank you for your consideration.
– Barbara
Answer:
Hi Barbara,
The one who purchases the lot or unit is typically considered the owner. It may be best to review the deed of sale and the HOA’s updated membership list to verify who owns the lot. As for running for board membership, it may depend on the requirements of the governing documents. Kindly review them to verify whether board members can be non-owners and if they must be natural persons.
As for conveying the common property to the developer, the Colorado Common Interest Ownership Act Section 38-33.3-312(1) states that the association may convey portions of the common elements if persons entitled to cast at least 67% of the votes in the association, including 67% of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
