Unused Developer Rights – What To Do With Them?

Most condominium boards are struggling, to some extent, with delinquent common area fees, budget shortfalls, rising foreclosures and other collateral damage from the economic downturn.  Many condominiums will also confront, if they haven’t already, another problem –stalled developments. Some developers who began large-scale, multi-phased projects in happier times earlier in this decade have hit anGo to Resource

Uh-oh, Our Builder Filed Bankruptcy. Now What?

In the Association context, the term “Declarant” usually refers to the developer of the community. While the project is being developed, the Declarant is responsible for the management of the Association. Also, the Declarant initially holds the voting rights and appoints the first Board of Directors. When the Declarant is finished building the community andGo to Resource

Special Assessments, Reserve Funds, Reserve Studies, Oh My!

Hypothetical: Owner lives in a decades old association. Owner consistently pays assessments in a timely manner. Owner’s association needs to make a major renovation to replace siding and repair wood structures, which will cost the association approximately two million dollars. The association does not have an adequately funded reserve fund and a special assessment isGo to Resource

Private Transfer Fees: Which Side Are You On?

A private transfer fee (“PTF”) — also known as a reconveyance fee instrument — is a financial instrument where a developer adds to a covenant, a deed, or home purchase contract requiring a percentage of a home’s sale price (usually 1%) be paid every time the property is sold, typically for 99 years. To viewGo to Resource

Online Voting for Board Elections

Your association recently had its annual meeting and 2 board positions were up for election.  Out of 200 members, 10 were in attendance at the meeting, and an additional 10 submitted a proxy for their vote.  There were a total of 20 votes out of a possible 200, or ten percent.  Was apathy or inconvenienceGo to Resource
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