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Buyer Beware
As everyone is aware, purchasing a home is one the most important decisions we make in our life times. Listed below are some of the aspects of a home purchase one should look at from the prospective of governance. One not only has to look at state statutes, county and city ordinances to see how the enjoyment of one’s new home is impacted, but also at what impact the homeowner’s association has, and more importantly, what impact developer control of the homeowner’s association can have in the early years of the neighborhood.
What are the specific restrictions that effect how one uses their home/property?
You will want to be sure you understand exactly what restrictions there are on how you can use your home and property. Do the restrictions disallow sheds and chain-link fences, or restrict the color you can paint your house? Does the neighborhood allow children, pets, etc. Can one park their boat in the back yard? One of the most common mistakes when purchasing a home is not understanding what one will be able to do with their home and property. Sometimes one may get an impression boats are allowed in the neighborhood because they may be seen in the neighborhood when one looks at the home, though in reality, the presence of the boat is a violation of the restrictive covenants.
How much control does the developer have over the homeowner’s association?
State statutes are such that a developer initially has control of the homeowner’s association and will retain control via majority vote until a certain percentage of the lots/homes have been sold. In some instances, developers intentionally design the association so that they have very extensive control of the association. You will want to be sure you understand to what extent the developer controls the association. If possible, stop and talk to some of the existing residents and get their impressions in respect to developer control.
How strong is the association and how well are the restrictions enforced?
If you select a certain neighborhood because you agree with the restrictive covenants, then you will want to go around the neighborhood to see how well the restrictions are enforced. Enforcement of restrictions is not performed by the local police department, codes enforcement department, or any government agency. It is strictly up to the developer, association management company, and homeowners. Ask yourself how well the developer enforces the restrictions. Will the developer be lenient in order to sell another home/lot? Will the management company press the issue with the developer if the management company knows the developer still maintains control of the association and they can be fired?
Who is the management company managing the affairs of the association?
There are several management companies in Alachua County. Some may be better than others.
Some management companies have close ties to the developers and therefore they may not be able to effectively represent the homeowner’s association when issues arise between the association and the developer. There are many examples of this concern having an adverse impact on the homeowners and the association.
Some management companies are involved in the real estate business. Is it possible this relationship creates a conflict of interest because the management company/realtor can be influenced as to how the association is managed and operated from day to day? What is necessary to help sell homes may not be in the best interest of the existing homeowners.
Research the management company. There are links (click here) on this site to the various management companies.
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