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What remedies do homeowners have is a builder/developer fail…

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Second opinion] What remedies do...
Second opinion] What remedies do homeowners have is a builder/developer fail to disclose the full CC&Rs or other important documents required by the David Sterilings act?It has happened to quite a number of buyers in a new community including myself. The builder had many opportunities to include the documents ie by paper, USB, CD, which we all received but all lack that crucial document. Seems sketchy to me.It has caused issues either from developer association not respecting the duties they owe to owners written on CC&Rs, some of which also required by civil code. As well as owners receiving violation notices based on violations on a code of document they never received but are somehow not covered by documents they did receive ie design guidelines or rules and regulations.We as homeowners who are going to inherit the community from the developer soon want the developer to be hold liable before it’s too late.It appears they may have changed their practice for later sales and might pretty much deny that they did this to buyers in our phrase.
Submitted: 4 months ago.Category: Legal
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11/23/2017
Lawyer: INFOLAWYER, Attorney replied 4 months ago
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 60,891
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Buyer has choice of remedies.Buyer can seek to rescind and get funds back.Buyer can also seek to negotiate a price adjustment based on the concealment and misrepresentation.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.If you sue in court you may end up with a judgment. The judgment generally allows you to levy on bank accounts, lien real estate and work with the sheriff office civil enforcement division. Many lawsuits result in settlement - which expect the judge to encourage.Leaving a bonus after rating is very much appreciated.
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Lawyer: INFOLAWYER, Attorney replied 4 months ago
Awaiting your reply, thank you!
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Customer reply replied 4 months ago
Thank you info lawyer,
Sorry for long reply today is thanksgiving so I am occupied with family. I guess you would too. Though I will get back to you ASAP.
Lawyer: INFOLAWYER, Attorney replied 4 months ago
No problem. Take your time.
Please select the 5 star (*****) rating on your page. Happy holidays!
if I can elaborate on anything, just ask me.
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Customer reply replied 4 months ago
Thanks for waiting. Actually I didn't want to take you away from enjoying your holiday.
Interesting what do you mean by rescind and get funds back. And how does it benefit those who were scammed but only found out after moving into their homes and being cheated by the developer and the still developer controlled association?Somewhere I read there are differences in the procedures on amending the governing documents when the builder is in control vs when the builder relinquishes control to the homeowners which is expected to happen within the next year and is looming fast. The lawyer who was hired by the developer tells us its very hard to correct CC&Rs. Though many feel cheated as they bought these houses as they are built and marketed for entertaining large families and guests however not marketed upfront is a very strict ban on parking outside the garage at night. Which is an ambiguous term that is not defined by what hours constitute "night." aside from sunset to sunrise. And most houses despite being 3000+ sq ft having 5-6 bedrooms and large entertainment rooms and only has two car garages. The management was lenient at first allowing various exceptions for visiting guests as well as for landscape construction move ins and holidays when garages could be inaccessible. Though apparently due to conflicts with some fired up homeowners and back and forth with the lawyer they without warning insisted the CC&Rs did not allow any exceptions whatsoever.The other issue is that the association was issuing violation notices based on CC&R violations that were not covered at all on the documents many homeowners received. It appears they make it like we received the full CC&Rs but in reality its just the copy that contains the amendments to the CC&Rs in our booklet. And despite also giving us a CD and USB while it contains the files of all the other documents i.e rules and regulations, design guidelines, bylaws, etc were were supposed to receive they left out the full CC&Rs in all of them.Also the association also doesn't play by their own CC&Rs on their day to day operations including making or changing operating rules. Which the CC&Rs require mail notice to each address 30 days before a vote and within 15 days after a vote. This is also covered by the civil code. They also changed the design guidelines without going through the process as well. They seem to take advantage by not giving them to homeowners so homeowners don't know they are violating their duties towards them. They also tend to make up rules and arbitrary enforce them as times goes on.The whole thing seems to be caused by greed by the builder wanting to sell homes even deceptively only to screw people later. Acting like wolf in sheeps skin.Another issue is that how do we refute if they claim they given the CC&Rs to all buyers. I guess they might have changed their practice for later sale phrases. We bought at the second from the earliest phrase. But the first mass selling batch. They initially sold to 12 buyers who moved in while much of the community was still undeveloped. They apparently made changes to the documents and rules while our homes were under construction and we received the old documents.We are hoping we can get the builder to be responsible for governing documents and making changes without too much of a hassle.So if they failed to disclose to a large number of homes would the documents be unenforceable to homeowners?
They had plenty of chances to disclose but it appears they hid them intentionally.
At least we hope they can cover the cost of the bureaucratic process of putting CC&R provisions into a clean up vote.
Lawyer: INFOLAWYER, Attorney replied 4 months ago
Cancelling is difficult and a price adjustment more likely either through lawyer negotiation or legal action on theory of misrepresentation. Where developer has harmed several owners, the board can collectively retain counsel and on vote use reserves or even assess to pursue this process. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 4 months ago
SOrry for my overly long reply.Maybe I should break it into segments for easier answer.
Lawyer: INFOLAWYER, Attorney replied 4 months ago
Normally each question is separately rated as well per site rules.
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Customer reply replied 4 months ago
Though the comments are on the same question.
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