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If the original declaration calls for all units to be sold, or requires a certain number to be owner-occupied, then the developer could not turn the units into subsidized housing. However, there is nothing in the law that would prevent the developer from buying the units and then renting them out, if the by-laws permitted rentals. In that scenario, the developer would be responsible for the condo fees on all owned units that were being rented. Each condominium owner is responsible for paying condominium fees in accordance with his percentage of ownership in the whole community. A developer cannot unilaterally decide that he wants to rent out most of the units and will therefore raise everyone else's condo fees. That is a breach of his obligation to act in the best interests of the community.
Is there a condo board established? If so, you may be able to take these concerns to the board and have them take action to ensure that the developer is assessed the appropriate fees. They may also be able to pass rules or by-laws to prevent rentals. And if they won't, then you and other affected members of the community may be able to sue for breach of fiduciary duty. Requiring some members to pay HOA dues for others is not acting in the best interests of the community. You may want to take the HOA documents, including the declaration and by-laws, to a local attorney who can review it for you. If you can get other homeowners
on your side, it may help. You may also want to look at the required procedure for recalling board members. If there is no board, then the suit would be against the developer directly for violating the declaration and by-laws.
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