The HOA Board was sharply divided on whether the Declarant was legally in control when the Declarant filed the September 2023 amendments to our original 2018 Covenants.
Half the Board believed there was a strong case the Declarant was in charge until December 2023. Half thought his governance ended in 2021.
Attorneys estimated many hours of research to prepare a strong case to remove the Declarant. Our property manager, citing similar cases filed by HOAs against Declarants, estimated legal costs “would exceed $50,000 – and you will lose.”
The Board decided instead to seek a Turnover Letter and to accept the 2023 Amendments.
– The Enclave HOA Board