Transition

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A Checklist for Associations Transitioning From Developer Control (Pt 2) (DC)

This article is a continuation of “Declarant Transition – Part I,” an overview of the laws governing the declarant transition process for unit owners’ associations in the District of Columbia. Part II, below, sets forth a transition checklist that should

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Developer Transition: MD Condos and HOAs – Part 2

This article is a continuation of “Developer Transition – Part I,” an overview of laws governing the developer transition process for condominium and homeowners associations in Maryland. Part II, below, is a transition checklist that should be addressed by the

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Developer Transition: MD Condos and HOAs – Part 1

This is a two-part article dealing with “developer transition,” the process by which the governance of a condominium or homeowners association is transferred from developer to unit owner or lot owner control. Part I, below, is an overview of the

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An HOA Checklist for Effective Developer Turnover

Real estate is booming again, and new communities have been springing up all over the Atlanta area. As the final homes or condos are sold in each community, the developer turns the HOA or community association over to the owners.

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Turnover Troubles: Homeowners Can Take Down Goliath

One of the most recognizable narratives in human history is the famed story of David and Goliath. Often, we find that homeowners are David in the seemingly impossible fight against Goliath, the community developer. This analogy is never more apparent

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Turnover: Transitional Considerations for the HOA

Part one of this blog discussed turnover in its initial stages: the events that trigger turnover and the files and papers the developer is required to produce to the homeowners’ association at the time of turnover. Once an association has

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What Condominium Owners Should Know About Developer Turnover of the Association: Part II

During the construction and initial sales of units within a condominium association, the developer will manage the association’s operations and governance. This means the developer controls the association’s board of directors. Once the development is constructed and a certain percentage

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What Condominium Owners Should Know About Developer Turnover of the Association: Part I

During the construction and initial sales of units within a condominium association, the developer will manage the association’s operations and governance. This means the developer controls the association’s board of directors. Once the development is constructed and a certain percentage

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Turnover: An Important But Often Misunderstood Event for Homeowners’ Associations

One of the most critical events a homeowners’ association will face is the “transition” or “turnover” of the association from the developer of the community to the homeowners of the community. However, many homeowners and purchasers may be unaware of

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The Do’s and Don’ts of Community Association Warranties

When your homeowners association took control of your community from the developer, a lot of paperwork came with that. Some of the paperwork undoubtedly included a number of warranties. Since then, you have probably collected warranties for a range of

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Can I serve on the board if my name is not on the deed?

Q: My wife and I took title to our condominium unit in my wife’s name for estate planning purposes based on our estate planning attorney’s advice. Now the board is telling me that I am not eligible to serve on

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When the Sponsor Won’t Let Go (NY)

Roy Smith moved into the Wainwright, a 67-unit rental building in Forest Hills, Queens, back in the fall of 1990. When the building was converted to a condominium two years later, Smith was able to buy his apartment at the

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Transition Studies: More Pros than Cons

When community associations assume ownership of their buildings, the process is essentially no different than an individual purchasing a car or home, or making a substantial investment in the stock market.? Performing due diligence is always good practice to ensure

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Transition Your Association From The Developer To The Members

For every association, there is a point when members should take over leadership and control from the developer. An association’s declaration and bylaws will stipulate when the developer is required to turn control of the association over to the members.

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Managing New Startup Condominiums And Communities For Developers

Managing startup condominiums and communities is a unique job. There should be a community manager with experience working as part of a team, and that team should include other professionals in addition to the developer.      Read the article………….

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The HOA Manager Balancing Act

Homeowner association (HOA) management companies retained by developers often must balance the competing interests of the developer and the homeowners. They just as often find the developer pulls one way while the homeowners pulls the other way with the manager

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Transition From Sponsor Control (NY)

New York boards have a more difficult time understanding and managing the transition process than other places in the country because specific rules and regulations exist elsewhere to guide them through the process, according to experts at a recent Community

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5 Prudent Actions a Community Association Should Consider When Navigating Turnover

Whether your community association is a Homeowners Association, governed by Chapter 720, Florida Statutes, or is a Condominium Association, governed by Chapter 718, Florida Statutes, there are important things the Community Association Board (hereinafter the “Board”) should know and important

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Conducting election of directors during transfer of association control in a community (FL)

During the transfer of association control in a community from the developer to the members other than the developer, there are times when both the developer and members other than the developer are entitled to elect a member of the

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Homeowners sue developer for control (FL)

The dispute between Pelican Landing residents and WCI has been building for years. What changed is that WCI is pursuing city of Bonita Springs permission to build up to four high-rises outside the gates on what is presently a golf

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The Transition Engineering Report: Triggering The Statute of Limitations in Condominium Construction Defect Cases

Earlier this year, the New Jersey Appellate Division reversed a Bergen County trial court decision, which had dismissed a construction defect case filed by a condominium association more than six years after the condominium complex was substantially completed, but less

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Preparing for Turnover – What a Developer Should be Mindful Of (FL)

With all of the new construction of condominiums and single family homes, developers should be mindful that the end of the project cycle and turnover of the homeowners or condominium association is just as important as the beginning of the

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When is it time for developer to cede control of condo board to homeowners?

I recently saw your article regarding condominium reserve fund requirements and was wondering if you could possibly advise our complex resident/owners on what to do when you have completely inadequate homeowners association (HOA) reserves.    Read the Q&A…………….

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ROADMAP: Transition from Developer Control (Arizona)

Obtain Necessary Documents – Obtaining documents that will be necessary or helpful for the association to function and conduct business is an important part of transition to avoid future problems and save the association time and money for years to

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New Condo Board: Transition is Important

In the past two years, there has been an explosion of new condominium associations. Some are as small as 4 units, and some larger than 200 units. But the process of transition is important regardless of size.  Many new owners

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Making the transition for a new condominium association

Transition between developer control and owner control is perhaps the most important aspect of any community association. If done properly, the association will be off to a good start; if done poorly, it may take a long time to get

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The Transition Switching from Sponsor to Owner Control

The goal of any property developer is to sell units, but until that objective is reached they have to assume all the day-to-day responsibilities to ensure smooth operations and continued sales. This requires wearing many hats—manager, board member and ombudsmen.

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Transition Study, Reserve Study. What’s the Difference?

Most board members understand what a reserve study is and the beneficial role it plays in managing the financial future of the community association.  Another study that comes up for recently constructed associations and is equally as important is the

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