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Your answer depends on the context of the term 'liability'.

If it is used in the context of the association's financials, the treasurer or auditor can give you an answer.

In another context, you may need a realtor, or association manager or attorney to give you the answer you want.

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10y ago
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6mo ago

Developer contributions to a Home Owners Association (HOA) are considered a liability because they represent an obligation or responsibility that the developer has towards the HOA. These contributions are typically part of a legal agreement between the developer and the HOA, outlining the developer's financial responsibilities for the community's maintenance and development. Until the developer fulfills their obligations by making the required contributions, it remains a liability for the HOA.

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Q: Why are developer contributions to a Home Owners Association considered a liability?
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If common areas in a housing community are still owned by title by the developer never titled to the Home Owners Association who is responsible for the upkeep and liability of those common areas?

This is not a legal answer; your answerer is not an attorney.If the association can verify that title remains in the developer's name, the association may be able to recover costs it has expended to keep up the common areas. Legal counsel is required to take action against the developer.The key element in your question is liability.You can ask your master insurance policy broker to verify that the association is paying premiums to cover liability in the common areas, and if indeed, as above, the title remains in the developer's name, the association should be able to pursue the developer to recover the costs of these premiums.The association's counsel can assist you, and answer your question in particular, given evidence the association can retrieve.


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