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Developer Takes Back HOA Turnover

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BernieA

Junior Member
I live in a homeowners association in Palm Beach County, Florida. On July 29, 2005, the Developer turned over the association to the residents. Prior to turning over the association, the developer executed an amendment to the documents regarding how the Master Board is to be selected. Many homeowners did not agree with the amendment and discovered that due to a conflict between this amendment and the Articles of Incorporation the amendment was invalid. When the developer learned of this, the developer promptly indicated that due to this conflict transition did not occur on July 29th and that they therefore had the right to correct the error and execute a proper amendment and then effect turnover on August 2, 2005.

Is it legal for a developer to reverse a legally executed transition just to correct an error that has nothing to do with transition? Is there precedent in Florida law for this?
 


H

HomeGuru

Senior Member
BernieA said:
I live in a homeowners association in Palm Beach County, Florida. On July 29, 2005, the Developer turned over the association to the residents. Prior to turning over the association, the developer executed an amendment to the documents regarding how the Master Board is to be selected. Many homeowners did not agree with the amendment and discovered that due to a conflict between this amendment and the Articles of Incorporation the amendment was invalid. When the developer learned of this, the developer promptly indicated that due to this conflict transition did not occur on July 29th and that they therefore had the right to correct the error and execute a proper amendment and then effect turnover on August 2, 2005.

Is it legal for a developer to reverse a legally executed transition just to correct an error that has nothing to do with transition? Is there precedent in Florida law for this?
Click to expand...
**A: the developer is wrong. The HOA needs to get an attorney to prove it.
 
B

BernieA

Junior Member
You don't understand.

The amendment that is in question placed the members of the Board WITHOUT elections on the Master Board. It is the Board who went to the developer to fix the problem. It was the developer that came up with the creative option to declare that transition never occurred which then gave the developer the right to amend the documents properly and then retransition without notice to the homeowners. The Board is not interested in challenging the developers process because doing so would mean that they would have to run for election rather than be appointed as has been done.
 
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