Morning All,
My community is coming up on a point in which the planned community will have the builder signoff to the HOA-controlled community. Just prior to this signoff is a planned walkthrough of the community to address certain issues with the common grounds.
One of the biggest sticklers has been the condition of the amenities. Three years ago a supporting burr adjacent to the pool eroded and caused some cracking of the pool foundation and surrounding hard surfaces. One of the residents hired, at her expense, a structural engineer to report on the condition and the ‘proper’ resolution. The erosion was bad enough that you could literally crawl underneath the bottom of concrete pull!
Most recently, I learned that the condition of the tennis courts are almost as bad. There is settling or erosion to the point where if one looks at the court surface you would swear it was a fabric onto of a liquid (much like a pool Winter covering). A couple of local/regional intercommunity tennis organizations has repeatedly refused to allow our community access (membership) because of the dangerous court conditions they reported back to the community.
At one point, the builder was willing to van-transport the local residents to other communities to play tennis. WTF? Yeah, that was my initial response. Emotional. So, I have to wonder what kind of builder can sleep at night know that he is more than willing to exit a community, even potentially jeopardize sales on final lots, by leaving the community with such disgraceful amenities.
BTW, I am a Fat Bastard. I mean this in the sense that my only exercise is from mowing the lawn. I joined the S/T community thinking it would be more attractive for down the road in resale condition, and I have not used the pool or tennis (i.e. amenities). But, I find this lack of ethical value in the builder to be surprising.
I am not on the residential advisory board (which converts to a formal board on 1/1/07), and not on a committee for the pool or tennis courts. I got ‘informed’ via the last residents meeting, and my misdirected emails by the current HOA management company. Still, I find this situation rather disgusting. Emotional response, I know. And my initial reaction was to post signage at the courts and pool regarding the ‘quality’ of construction, inherent dangers resulting from the poor construction, and post warnings to all properties (mail to sold lots, posted to unsold lots).
I’m really surprised that the builder is willing to impact the final ~20 lot sales by taking this position. Maybe its just me, this being my first HOA community, etc., etc., etc., but I would find it difficult to put my name on something (i.e. “I’m the builder of that POS community”) like this.
Replies
Hey Nuke,
You may get more traction by viewing it as more of a business deal than an ethical lapse.
If the amenities are crapola, the builder has to fix before exiting. Period. Your leverage is the HOA can get your state attorney general/consumer advocate on him plus sue him if he won't make it right.
From his point of view, he likely has quite a bit into it already and is reluctant to sink more in (the shuttle bus idea makes me laugh but 10 points for creativity). Motiviate him and you will get.
"Let's get crack-a-lackin" --- Adam Carolla
I,d be pretty leery about posting any kind of signage relating to any problem you may see (true or not), a good attorney could make you learn to like the taste of those signs. I"d just make sure the building insp. dept knew about the problem- they'll probably refer it to engineering-which is something the builder won't want to have happen. At that point all kind of cool things can start to happen- like the developer can't get closure on the subdivision before it's fixed. let5 him apply pressure on the contractor, Its his job (and his ####). with the city. Jim Devier
Signage?
What did I say about signage?
I'm talking about susbstandard construction of the amenities.
Going at the builder talking about ethics and how could he leave it that way will, IMHO, get you nowhere.
Getting the AG, consumer advocate and a lawsuit going will motivate the builder. Telling the builder those bad things will happen if he doesn't fix it will motivate the builder.
What does that have to do with signage?
"Let's get crack-a-lackin" --- Adam Carolla
Nuke : around here the agreement that the builder signed with the community is in the registery office and is available to the public
It will tell you what he and they agreed to prior to commencement of construction and may give you some leverage in trying to deal with him because he is likely working from behind a Ltd Co.
A lot of people seem to think that a sub div is subject to ongoing revisions of the agreement so they can add additional perks that suit them personally .
I was approached by home owners wanting a tennis court , a area fenced for exercising dogs , others thought that now that they were in they should be able to control what anyone else built also some thought that i should repair a brick wall at a entrance that the former owner of the lot hit with a backhoe
All i am getting at is that i see it from the other side on a regular basis and i find no one wats to do anything if they have to spend one dollar of their own money yet any changes that cost me thousands are nothing to them . PS sorry if this sounds like a person raving LOL