HOA Found to Have No Control Due to Developer's Oversight
A Delaware HOA was recently found to be without powers after fining a homeowner that build a shed without obtaining board approval. It then came to light in court that the HOA failed to properly transfer control from the developer to the Association, meaning it never actually had control over its homeowners. Luckily, the loophole in state law that previously allowed issues like this to happen has since been closed, but this court case is used as a reminder to HOAs to be vigilante on meeting with developers to accurately document the handoff of control. Let us know your thoughts by leaving a comment.