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  • Dealing with a Difficult Developer Q: The developer of our community is refusing to turn over control of our homeowners’ association (HOA) to the homeowners even though all of the houses are sold. He maintains that he owns the two streets in our small subdivision and has filed paperwork to turn them over to the state of North Carolina, but until that happens he won’t relinquish control of the HOA. The HOA is effectively being run by one person, who is a friend of the developer. He will not show us any bank statements, does not answer e-mails or calls, and will not hold meetings. He is not using our dues to care for the landscaping or to fulfill other HOA obligations, and he told ...
  • Condo developers outmaneuver neighbor resistance in Linden Hills (MN) Developers looking to erect luxury condos in Linden Hills needed a favor from the Minneapolis Planning Commission.   Andrew Commers and John Gross were asking for a few.  “Eight on 44th” is the project. It would include eight glass encased condos. Excavation at the site would mean axing hearty trees and flattening a slope. The building would rise not much more than a football field from Lake Harriet. It would be close to five stories tall. Trees would be replaced with ten parking spaces.    Read the article…………..
  • Privé Island Scores Yet Another Legal Victory With Judge Rulings (FL) Privé at Island Estates, the iconic twin tower residential development on the last developable island in South Florida, announced its second legal victory, ruled by Miami-Dade Circuit Judge William Thomas, on September 20th with granted development access rights through the South Island, Williams Island.  The first victory came on June 5, 2017, when Judge Thomas ruled that the statute of limitations had long expired for the Island Estates Homeowners Association and the Williams Island Property Owners Association to challenge vested rights determination agreement. The victory is celebrated after the associations’ years-long attempt to stop construction of the twin tower development, which is now slated for end of November delivery.     Read the article…………….
  • Cinco Ranch flooding victims: Who’s in charge? More than 790 of the 8,700 homes in the Cinco Ranch master-planned community outside of Houston were destroyed during Hurricane Harvey last month. In the wake of this destruction, according to the Houston Chronicle, some residents have been left wondering whether their local government could have done more to prevent the community from flooding.   Read the article……………

Developer Article Archives


  • 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 be addressed by the initial, unit owner-elected board once it assumes control of the association from the declarant.    Read the article……………
  • 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 initial, homeowner-controlled board once it assumes control over the association from the developer.     Read the article…………….
  • 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 legal requirements that govern the transition process. Part II will contain a “transition checklist” for transitioning owner-controlled boards of directors.     Read the article…………….
  • 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. If your community is almost sold out, are you prepared to take financial control? Keep reading for some valuable tips.    Read the article……………

Transition Article Archives



  • The ABC’s of HOA’s When you purchase a home that is part of a Home Owners Association (HOA), you agree to live by certain rules set up by that HOA. The HOA usually charges a monthly fee and in exchange will provide the homeowners with certain services such as exterior maintenance or access to a community pool. HOA living is ideal for some and simply an added expense for others; this depends on both the particular HOA and the needs of the homeowners themselves. Below, I will discuss some of the advantages and disadvantages of HOA living as well as some important questions to ask if you are shopping for a home within an HOA.    Read the article……………
  • Thinking Of A Gated Community? Seven Things To Consider First On the surface, it’s easy to see the appeal of buying property in a gated community, but there’s more to consider the more closely you look. Aside from the clean, well-maintained aesthetic and peace of mind that comes with a literal neighborhood gatekeeper, the American Real Estate Society found that homes in gated communities command an average of $30,000 more than homes in non-gated neighborhoods.    Read the article………………..
  • No Regrets: How to Research a New-Construction Condo Before You Buy (NY) Recently I was considering buying a condo in a four-unit new-construction building in Brooklyn. The pictures of the unit in the glossy marketing materials, naturally, looked gorgeous. But after some intensive digging into the building and its developer, I bailed. I had narrowly avoided buying the real estate equivalent of a lemon.   Read the article……………..
  • Pros and Cons of Gated and Non-Gated Community Associations: Thoughts and Considerations A safe neighborhood is a top priority of home buyers. For many of these home buyers, a gated community is an attractive option. The gate represents protection from the outside world by the careful monitoring of those entering the community. Is a gate, guarded or otherwise, an accurate representation of protection or just an illusion? Let’s examine the pros and cons of gated community associations.   Read the article…………….
  • The Home Buying Trends of Millennials and Their Impact on HOAs Millennials are at an age where they’re eager to become homeowners. They’re raising children, building themselves up as active members of their community, and looking for homes where they can grow. Therefore, it’s important that you understand the home buying trends of millennials and how they can impact your homeowner association.    Read the article……………

Buying & Selling in a Community Association Archives