During the time when the Declarant has three votes, is
he also obligated to pay three times the HOA dues? When
does the Declarant start paying dues?
: The number of votes and the
assessments per unit are set in the CC&Rs. In every
one I have seen,
does not pay three times the HOA
dues when he has three times the vote. The
Declarant pays the same assessment that other owners pay.
Start of Payments.
When the Declarant
starts paying is also found in the
CC&Rs. In smaller, single phase projects, assessments typically commence on the first day of the
first month following the first close of escrow in the
project. Larger projects are
usually divided into smaller portions called phases.
Assessments on all separate interests commence on a
phase by phase basis and start on the first day of the
first month following the first close of escrow in each
In some cases, the
developer may keep a portion of a project and operate it
as a rental community. If the rental community is
separate from the common interest development, the
developer may not have to pay assessments. If the rental
units are a part of the common interest development,
then the CC&Rs may require the developer to start paying
assessments when the units are first rented.
Also, particularly in
large master planned communities, the developer may
provide maintenance services in
exchange for a reduction in assessments.
: Associations needing legal assistance can contact us
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