Transition From Developer Control
QUESTION:
Do owners have the right not to accept transfer of control of an association from the developer? If so, where is that right granted? If we are trying to get the declarant to fulfill his contractual responsibilities and use the transition as a carrot, can we do that?
ANSWER:
Transition is a frequently misunderstood concept. Assuming your association is in Virginia, by transitioning control you gain just that: control of the association. Generally you lose nothing regarding any claims you might have under Virginia law. The laws are different for condos and HOAs. Of course, I cannot speak for what might be contained in any written documents to which you have committed or is set forth in your governing documents. You really should meet with a community association lawyer on this topic - you will get a lot of good info and it really won't cost you that much. You will need an attorney to guide you at transition and afterward.