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Read your governing documents where you will find a definition of the transition process, where the developer -- declarant -- transfers control of the project to the control and management of the association by its owner-elected board. Lacking the inclusion of this process in your governing documents, read your state law. You can follow the link to it, below.

This is also a process best accomplished under the guidance of an experienced association management company and an association-savvy attorney, to insure that owners receive all of the materials due them under state law from the developer at this critical benchmark in the life of the association.

Changing the ownership name is one of the tasks to be accomplished in this transition.

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Q: Who is responsible for changing the ownership name from developer to homeowners association on condo docs in NH?
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Life estate ownership in a Homeowners Association - do you have the right to vote at the annual meeting?

Read your governing documents to determine your voting rights. There is no standard.


Can homeowners association request for turnover or transfer of common facilities in the subdivision from the developer?

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Common Interest Communities, including HOAs, condominiums and co-ops, are a form of real estate ownership. This real estate ownership scheme is dictated by the land-use developer, who files the covenants, conditions, restrictions and reservations with the local land-use office. Typically, the association owns key parts of the property -- such as exteriors, or owns amenities, such as the golf course, pool, clubhouse, community parks or roadways. Association ownership is divided among all owners based on allocated interest. The association's responsibility is to protect, maintain and preserve real estate values. Operationally, it is generally incorporated and must function as a business. This means financial reports, board meeting minutes, notices to shareholder/owners and so forth. If you derive no benefit from common interest community real estate ownership, you are best advised to purchase a single family home.


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