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homeowners declaration

  • Thread starter Thread starter bigfishwhale
  • Start date Start date

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bigfishwhale

Guest
When I built my home in michigan, I specifically asked the builder if there was a homeowners association, to which he replied, no. He has been building in this subdivision for ten years and had one parcel of land zoned for condos. The residents had that changed to single family zoning and now the builder wants the city council to approve this last phase of the sub. Council has requested that the builder show proof of a homeowners association which would be liable for a wet detention pond, front entrance of sub and a park, as well as maintenance. The builder did form an association for phase I of the sub back in 1992 but the owners in phase I refused to take it over because the paperwork did not define common areas and the builder refused to make repairs on the new homes. Were would I look for a declaration in the master development that requires all owners to be a member of the hoa? Wouldn't the builder have had to give me something in writing notifying me of his intent to implement an hoa when I contracted to build my home with him? Could the builder make owners in phase I of the development (aprox. 20 homeowners) take over a hoa, but not residents of phase 2 and 3? Could a builder make one phase of a subdivision a hoa and not all phases?
 


HomeGuru

Senior Member
There should have been a Declaration of Restrictive Covenants recorded on title and relfected on your title report. The answers are yes to your last 3 questions.
 

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