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Builder/Lot Owner Paying HOA Dues

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  • 04-12-2013, 01:55 PM
    Potential
    Builder/Lot Owner Paying HOA Dues
    My question involves real estate located in the State of: Georgia

    I have a question about my HOA and dues. There is one lot that was undeveloped in my subdivision and a builder bought the lot and built a house and is ready to sell it. The developer controlled the HOA when the builder bought the lot and the covenant states the following:

    Section 7. Date of Commencement of Assessments. The assessments provided for herein shall commence as to a Lot subject to this Declaration on the first day of the month following the conveyance of such Lot to a Person other than the Declarant or a builder approved by the Declarant; provided, however, assessments shall commence on Lots containing occupied residences that are owned by Declarant or any builder on the first day of the month following the occupancy the residence located on such Lot for residential purposes.

    It also states that:

    Section 2. Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed there ., whether or not it shall be so expressed in such deed, covenants and to pay to the Association: (a) annual assessments or charges;

    These are conflicting sections because the home builder of the lot is named on the deed of the lot.

    Can you tell me if the builder/lot owner is liable to pay the annual dues as the house has no one living in it yet. BTW, the homeowners of the other lots took over the HOA board a month after the declarant approved the builder to build a house.
  • 04-12-2013, 02:34 PM
    flyingron
    Re: Builder/Lot Owner Paying HOA Dues
    What the rule says is that the assessment starts when the lot is sold, except that if the developer OR A BUILDER APPROVED BY HIM is occupied for residential purposes.

    So, if the builder is not one the developer is in cahoots with, he owed the assesment from the time he bought the lot. If the builder is the one he is cahoots with, it doesn't owe assessments unless someone moves in. Of course, once the builder sells it.
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