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Thread: Problems with maintenance of common areas in subdivisions

  1. #1

    Problems with maintenance of common areas in subdivisions

    Are planners who are doing current project review concerned about the ability of developers / homeowners' associations to maintain common areas in subdivisions, based on the current economic situation, i.e. fewer homes being sold and HOAs not being formed or assessments too high for too few property owners. Have there been problems of this nature, or are any anticipated? Are any changes being made to covenants, conditions, & restrictions (CC&Rs) or conditions of approval to circumvent this possibility?

    Thanks for your thoughts on this topic.

    Carol
    (206) 625-1300
    ctobin@mrsc.org

  2. #2
    Cyburbian fringe's avatar
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    I do know that the viability of any HOA is dependent on events as they transpire.

    I know of more than one such where the original generation succeded to rental status and the HOA fell apart, the common grounds returned to wilderness, and the swimming pool was left to the vagaries of Nature.

  3. #3
    Cyburbian ColoGI's avatar
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    Quote Originally posted by Carol Tobin View post
    Are planners who are doing current project review concerned about the ability of developers / homeowners' associations to maintain common areas in subdivisions, based on the current economic situation, i.e. fewer homes being sold and HOAs not being formed or assessments too high for too few property owners. Have there been problems of this nature, or are any anticipated? ]
    I don't do plan review in that state any more, but when I did I would never deny a plat or ask for re-draw due to that. There would be no way I could justify stating that because of an x% vacancy rate, the likelihood of diminishing care increases. And nor can anyone else. It is equally likely that someone else can state the remaining homeowners may have a heightened awareness of their property values and rationally maximize their utility by increasing their landscaping output.

  4. #4
    Cyburbian
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    The standards are different from state to state. In our community, the developer must maintain the property until the HOA is formed. And until the site is 100% built, there is usually a development agreement in place that specifies who is responsible for what. There are also letters of credit or bonds placed on site amenities (public and private) and engineering inspections to ensure that they're built to correct standards.

    A good code enforcement department can help ensure that the site is well-maintained. If the HOA fails to maintain, then they'll end up spending money on attorneys and court fees as a result of their lack of maintenance.

    We tend to have on-going issues with detention ponds. We do offer technical assistance to HOAs on maintenance and naturalizing ponds to reduce maintenance costs. But if they do fail to maintain, they will receive tickets, fines, and eventually, court.

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