You'll want this report at your side as you go through this most critical phase in your community's evolution! Make this transition the right way and you'll avoid dissent in the community— more importantly, those expensive legal problems! Also contains tips on how to develop leaders within the association, draft legal documents and create effective and productive committees.
Contents
Acknowledgments
Introduction
Chapter 1—Methods of Transfer
Working Together
Ideal Transition Scenario
Chapter 2—Legal Framework
Statutory Considerations—Condominiums
Statutory Considerations—Master Planned Associations
Other Considerations
Drafting the Legal Documents
Legal Transfer of Control
Chapter 3—Committee Structure
Communication
Maintenance
Insurance
Covenants, Enforcement, and Design Review
Finance
Association Management
Transition
The Effect of the Sales Pace
Chapter 4—Developing Leadership and Involvement
Generating Volunteers
Working Without a Transition Program
Excerpt
Introduction—Background and Key Points
Transition from developer to owner control in a condominium or master-planned community is one of the most critical phases in a community's growth. If conducted properly, it will give the association the independence it needs to mature into a capable governing body. This report will help both developers and owners enjoy the benefits of a successful transition and avoid the legal and moral pitfalls of an improperly conducted transition.
Transition from developer control occurs when control of the association shifts from the developer to the owners. Transition evolves from the time most units are sold and conveyed to the owners.
A smooth transition benefits both the developer and the owner. Cooperative efforts between both parties can result in a well-run association. A poorly planned transition with uncooperative developer-owner relations can result in angry unit owners, lawsuits, a bad reputation for the developer, and an ineffective association.
The developer should strive for early and continuing owner involvement and education in association operations.
The developer and the owners must recognize their mutual interests and cooperate and communicate with each other during the transition period.
An interim set of committees—staffed primarily by owners—facilitates transition work and provides training for future leaders and ongoing committees.
