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Can home owners association prevent a developer from expanding?

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Read your governing documents to determine when the declarant control period ends. Usually there are several and various events, any one of which can determine the end of the period:
  • X number of years without expanding
  • X number of years since the last unit sale
  • X number of unsold units remaining (too many to warrant expansion)


and so forth.


If the developer is expanding within the time allowed in the governing documents, that's the developer's right.

If the developer plans to expand the project and the declarant control period has ended, then the association's legal counsel can work with the developer to either offer an option to expand or deny the option.
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