Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Do your Bylaws state that the developer is responsible for maintaining the landscaping on any common areas?.
Do the Bylaws require the developer to provide the prior year's expenses before you are obligated to pay any assessments?
Has the developer taken any legal action to file suit regarding the assessments?
Ok, if the developer is not acting in compliance with any obligations imposed by the Bylaws, then he is in breach of contract. The Bylaws are a binding contractual obligation between developer, owners, and any HOA once they take over.
So when one party is in breach, that relieves the other side from any further performance under the contract. With that said you are legally justified in withholding the dues until the developer performs under the contract. You also have the right to sue them under a breach of contract claim for their failure to honor their obligations.
In most Bylaws it states that the "prevailing party" is entitled to their legal fees and costs so if your Bylaws state this, you and the other owners could sue the developer, win, and then force him to pay your legal fees as well as any costs of maintaining the development if the owners hired someone to do so...
You are very welcome. Happy to help any time. And if the developer tries to sue one or more of you, you can all band together, get an attorney, and then countersue him..
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