Start early
Most covenants spell out exactly when the developer is to turn
the property over to the homeowners’ association (HOA). At Bright’s
Creek Golf
Club in Mill Spring, North Carolina, and at River Valley
Ranch near Aspen,
Colorado, that figure is set at 90 percent of the
lots sold. Bright’s Creek is
still a long way from reaching that point,
but River Valley Ranch, which when
built out will have 550 homes,
turned over 18 months ago with few problems.
“One of the best
things [the HOA] did was to start early,” says Brian
Leasure, who owns
a house in the community and is also the on-site realtor. That
gave the
HOA plenty of time to have a reserve study done and to adjust the dues
accordingly. “By doing it a couple of years before the turnover, there
was no
big homeowner’s increase at the time of the turnover.”
Ask questions
As obvious as it might sound, it’s important to figure out
what exactly is being turned over and what condition it’s in. When will
the
tennis courts need resurfacing? Is the boiler in the clubhouse on
the verge of
breaking down?
“One of the things we learned—after the
fact, I’m a little
sad to say—is that typically most of the equipment a
developer has—the
lawnmowers, the tractors, the gators, even the
lightposts—is leased,” says
Coupe. “Unfortunately the transition board
we had at the time didn’t account for
that. They assumed we were
getting all this equipment as an asset. Now we’re
paying leases on all
this stuff.”
It’s not incumbent on the developer to
volunteer all
this information. He is required to provide an accounting that’s
honest, but he’s probably not going to remind you of the all questions
you’ve
neglected to ask. You’ll want to know about the membership
structure: Desert
Highland’s Waldron counsels against having many
different membership levels,
which leads to class warfare. Social
members aren’t going to be happy if they’re
expected to help refurbish
the bunkers on the golf course. And what provisions
are made for
emergencies or unforeseen shortfalls? What happens if the golf
membership falls below the level needed to maintain it? What about
capital
improvements?
“You may see that the fitness center is very
crowded or that
when they try to have parties they have to limit the
attendance because the
clubhouse isn’t big enough,” says Vain. “That
means that somebody’s going to be
coming to you in the next few years
saying, ‘We need to expand the clubhouse,
it’s going to cost X, and
we’re going to have to pay for it.’ You don’t want to
buy an expensive
home in one of these developments and find out that you’re
being
assessed for the turnover or that the dues have doubled and suddenly your
retirement dream is getting chewed up because of a shift in finances.”
Get help
As a property owner, one way to protect your interests is to hire
a consultant who’s familiar with all of this. It’s a complicated
business, so it
might not be enough to elect lawyers and accountants to
the transition board,
though that’s not a bad start. Owners could hire
a consultant like McMahon or an
experienced general manager who knows
the tricks and pitfalls. Again, you’ll
want to make the hire early and,
if possible, retain him or her for several
years after the transfer.
Another great source of information is the
homeowners at other
communities built by the same developer. Tom Harris,
director of
marketing and sales at Bright’s Creek, goes out of his way to
introduce
potential buyers to residents of the company’s older community,
Forest Creek Golf Club in Southern Pines, North Carolina.
Above
all, don’t
be reluctant to ask questions about the process, and don’t
become so starry-eyed
by the community that all the wariness and good
judgment that got you here in
the first place evaporate.
“That’s
the biggest mistake a buyer makes,” says
Harris. “Getting so emotional
about a pretty piece of land or a lake site that
they don’t ask the
questions about whether this is going to be a good community
five years
from now.”