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Developer Held to Same Rules as Other Owners

By Daniel Miske on June 7, 2018
Posted in Assessments, Bylaws and Rules, Collections, Governing Documents, Litigation
Right

A recent case in Florida (MacKenzie v. Centext Homes, 208 So.3d.790 (2016)) was not bashful about holding a developer to the same rules as other property owners in a Homeowners’ Association (“HOA”). The HOA in this case was still largely under developer’s control during the period in question. The developer controlled Board included a reserve line item in its budget and collected reserve funds from its members. Despite initially contributing $32,000.00 to the Association, the developer, Centext, ceased contributing to the operating expenses and assessments, instead opting to fund operating deficits (when assessment income failed to exceed operating expenses).
Continue Reading Developer Held to Same Rules as Other Owners

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