What is the name of your state? OH
We purchased our own lot to build a house. Unfortunately, we began to build but the builder was incompetent even though he was registered with the national homebuilder's association. We have a foundation completed that will need to be demolished and replaced and we are in litigation as a result. The real estate company set up a HOA, but it is still in the formation stages (no officers, etc). Part of the agreement everyone signs to purchase the lot states, "Construction of a house must be completed within 9 months." This is all that it states without info in regard to penalties, etc. The real estate company just started this, but even though most of the lots have been sold, only a few are beginning to build and the "official" HOA has not yet been established. The spirit of the law was so that individuals would not decide to build their own homes on the weekends and that it would take years to build.
I don't know the exact date in which they would say that we started, but because we are firing the builder and they are fighting it, I am 100% sure that there is no way that we will finish in the allotted 9 months even from the day that they poured the foundation. I forgot to ask our lawyer the last time I consulted him--Can we be sued by the HOA or the neighbors for this? Is there any suggestions of what to do since the HOA is still in the formation stages? OR should we keep our mouths shut and hope that the 2 people on the street are nice about things and that they don't enforce the rule? I hate to be a bad neighbor but at the same time I certainly did not ask to be in this mess!
We purchased our own lot to build a house. Unfortunately, we began to build but the builder was incompetent even though he was registered with the national homebuilder's association. We have a foundation completed that will need to be demolished and replaced and we are in litigation as a result. The real estate company set up a HOA, but it is still in the formation stages (no officers, etc). Part of the agreement everyone signs to purchase the lot states, "Construction of a house must be completed within 9 months." This is all that it states without info in regard to penalties, etc. The real estate company just started this, but even though most of the lots have been sold, only a few are beginning to build and the "official" HOA has not yet been established. The spirit of the law was so that individuals would not decide to build their own homes on the weekends and that it would take years to build.
I don't know the exact date in which they would say that we started, but because we are firing the builder and they are fighting it, I am 100% sure that there is no way that we will finish in the allotted 9 months even from the day that they poured the foundation. I forgot to ask our lawyer the last time I consulted him--Can we be sued by the HOA or the neighbors for this? Is there any suggestions of what to do since the HOA is still in the formation stages? OR should we keep our mouths shut and hope that the 2 people on the street are nice about things and that they don't enforce the rule? I hate to be a bad neighbor but at the same time I certainly did not ask to be in this mess!