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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 1516
Experience:  Practicing Attorney with 10 years experience
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Builder is in charge of the Home Owner Assoc. We are a new

Customer Question

Builder is in charge of the Home Owner Assoc.
We are a new community of 30 duplex homes that has an Home Owners Association. The 1st developer had a sign up advertising the developer and the developments name. They lost it and a second developer took over the development.
The second developer put a new skin over the bad existing sign, advertising the developer and the developments name. This developer also lost the property and remover the skin off of the sign leaving a very unappealing sign.
A third developer took over the development and has done very well with it's progress.
At the time he took over he promised the home owners at that time he wound put up a proper sign for the community. Now he feels it is not his responsibility because he was not the first builder and it is not in the covenants, also he feels the home owners should pay for the sign. Do we have any rights to have him build a sign complementing our development.
He also is doing the common area maintenance and is charging more the we paid before
he took over. We did have meetings at one time but he doesn't want them how. Now we have no knowledge of how much money is in the HOA fund to even build a sign without a special assessment of the 25 current out of 60 residents.
Is there anything we can do.
This is in Cedar Lake Indiana
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Asad Rahman replied 5 months ago.
Yes, I think you all could consider filing a lawsuit for breach of contract as part of the basis for you going with this 3rd developer was his promise that he would update the sign. Perhaps consider having a lawyer send a letter demanding he honor his promise and that may get his attention as the cost of a sign might be cheaper than the cost of litigation.

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