Real Estate Law
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I thought HOA dues were paid/collected in advance?
We are billed yearly with payment due twice a year.
This builder is on a list of approved builders for community...can we remove him from that list and not allow him to build? He just took over the company that is the declarant for the community. The declarant was to sign over common area by 2009 and never did....refused to.... association has been paying taxes on common area. The builder purchased this lot under the declarants first right to purchase.
So he would be required to pay from date of closing through the end of the year ...... second half of the year dues are July-December.
Everything I am reading says that dues are paid in advance.
Your question was whether you could require a full year's dues paid in advance, implying that you wanted dues for 12 months from the date of the sale and that no one else is asked to pay those amounts. If your HOA by-laws require everyone to pay a year's dues upfront when they buy, yes, of course, that is permitted. I'm not sure what you mean by "everything I'm reading," but you're bound by the requirements of the by-laws and declaration. Those are the starting point for any questions about what the HOA can and cannot do. The bylaws might require that dues be prorated to the date of purchase, so it's important to see what those documents say.
Ok...thanks...so many other issues I havent touched on.
One last question:
If the statue of limitations has run out.....the declarant can then stay in control of common property or can we still moved forward to have property turned over?