Once a certain number of lots have been sold, or after the passage of a specific period of time, a developer turns the operation of a homeowners’ association over to the community members. A variety of important questions may arise when this turnover occurs. Most of them are surrounding what must be accomplished to facilitate HOA transition from developer to homeowners, usually in the form of HOA board members. Questions regarding the transition process include any ongoing responsibilities of the developer, HOA management, financial documentation, maintenance, governing documents, meetings, voting rights, and similarly important matters.
What is Involved in the Transition
There are many steps involved in the HOA transition process. You will want to get in touch with professionals experienced in HOA organization, such as property management companies, HOA attorneys, and financial professionals. You will need to review financial statements, HOA governing documents, contracts, and other vital documentation. Inspecting common areas that are often maintained via homeowner fees is another important step. Figuring out how and when to meet as an HOA board also needs to be addressed as soon as possible, as you will want to find a schedule of frequent meetings that works for everyone on the HOA board. Completing all of these steps as soon as possible will make the transition that much smoother for the board and the homeowners in your community.
At Maxwell & Morgan, P.C., we can facilitate the transition from developer control of your association to owner control. Our team consists of 17 dedicated, knowledgeable Arizona and Utah HOA attorneys who understand how to work with all HOA stakeholders, from members of an HOA board to a real estate developer or a management company.
Keeping Up the Momentum
As time passes, there will still be things that your board needs to handle as a team to keep the HOA and the community running smoothly. Repairs or updates will be needed to keep common areas in good shape. Legal issues will arise. Financial setbacks, such as unpaid homeowner dues, may surface. As time passes and you get used to the transition from the developer to your HOA board, these matters will be easier to handle. Having a dedicated HOA lawyer to help you with legal troubles will also make things simpler for your HOA team as time goes by.
Why You Should Choose Us
Maxwell & Morgan, P.C. has been serving the Arizona HOA community since 1984. We are an AV®-Rated law firm that always keeps the needs of our legal cases foremost in our minds. We keep our clients up to date on their cases from day one, utilizing the technological tools available to us to keep everyone on the same page - and in real time. Our attorneys are highly involved in the HOA legal community and have even made contributions that have shaped this unique field. Not every attorney understands Arizona and Utah HOA law. Ensure that you make the right choice to have the best legal positioning for your HOA.
Find Legal Assistance for Your HOA Today
Our attorneys understand that every case is unique, and therefore deserves undivided attention, no matter its size or complexity. We have offices in Phoenix, Arizona; Tucson, Arizona; and Salt Lake City, Utah to serve you. Call us at (480) 833-1001 or visit our website to learn more about our common areas of HOA legal focus, as well as other HOA resources. We can help you figure out how to handle your HOA transition to homeowners, review your governing documents, and more.