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Here is my experiences with n'hoods and pools that are "promised", in our area:
In most cases, when you listen to the onsite agent (who works for the builder), they say things like..."the planned pool" or "we hope to have the pool started", etc., etc. They really aren't to blame. They are told what to say by the builder.
What I find is that in most cases, the pool is delayed by about 2 years. But yes, it eventually is built.
If you look at your purchase contract, it does not PROMISE you a pool. And unless it is in writing, what can you do? I agree with the advice to contact an attorney, as a group.
Whenever I show new n'hoods with a "promised" pool, I let my clients know that it isn't a GUARANTEE that they will ever get that pool. So, they make educated decisions. Are they willing to take that risk that they may never get that pool?
And...when and if that pool is built, you can expect your HOA dues WILL GO UP. N'hoods that have pools have increased insurance costs based on liability. There is also maintenance of the pool.
And...when and if that pool is built, you can expect your HOA dues WILL GO UP. N'hoods that have pools have increased insurance costs based on liability. There is also maintenance of the pool.
In my HOA maintenance and operation of the pool is our single largest expense, followed by landscaping. Insurance is a small fraction of those expenses.
If you look at your purchase contract, it does not PROMISE you a pool. And unless it is in writing, what can you do? I agree with the advice to contact an attorney, as a group.
I am not an agent, and not nearly as informed as Vicki or some of the others responding, so take that into consideration.
That being said, what you can do is make the builder think twice about the business ramifications. Hiring an attorney is a good idea. Also, getting the people in the community together as a group is a good idea. Possibly putting up signs. If the builder still has significant properties to sell, then those signs hit them where it counts, and maybe, just MAYBE they will see the business justification to spend the money to build one pool in order to sell several houses.
Also, if it were me, I'd get someone to go in there as a buyer, and get some fresh info. If they are still representing it as having a pool, or "plans to have a pool" then get it documented. You've got something that tells you in writing that there "are no plans", so it would not be a bad thing to capture the discprepancy in writing and with dates. You don't have to use it, but it would be a good thing to have in your bag of tools to fight this.
That being said, what you can do is make the builder think twice about the business ramifications. Hiring an attorney is a good idea. Also, getting the people in the community together as a group is a good idea. Possibly putting up signs. If the builder still has significant properties to sell, then those signs hit them where it counts, and maybe, just MAYBE they will see the business justification to spend the money to build one pool in order to sell several houses.
Be careful. You can't drive down the value on some properties (those still to be sold by the builder) without potentially driving down the values on all the properties - which could end up impacting the homeowners financially.
We threatened a complaint to the Better Business Bureau when our builder left us hanging on our 1 year walk-through. That quickly straightened him up, so that may be something you could consider, especially if you have a large number of homeowners who all feel that the builder was dishonest.
I'm going to have to dig through our paperwork and see exactly what it says...if there was something solid about the pool. I recall having something from the HOA that says what the fees are now and what the fees will be once the pool is put in. Not sure how that's worded though. I don't want to put signs out for fear of cutting off our nose to spite our face if we ever decide to sell.
I'm going to have to dig through our paperwork and see exactly what it says...if there was something solid about the pool. I recall having something from the HOA that says what the fees are now and what the fees will be once the pool is put in. Not sure how that's worded though. I don't want to put signs out for fear of cutting off our nose to spite our face if we ever decide to sell.
If you want the name of a good attorney, in wake forest, who exclusively deals with HOA issues, DM me.
Leigh
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