DEVELOPER TURN-OVER?

An Opinion By

Published May 26, 2026

When developers turn over the association to owners there is a lot going on behind closed doors. Especially since the “developer-lobby” convinced Florida’s Legislature to shorten the time for statutes of limitations in which developers can be held liable for construction issues and other serious problems left by the developer.

Its’ a very short time period and developers have developed their own little “tricks” to make sure that they are not being sued by the association for all the problems they left behind.

Here are a few things owners should prevent latest at the so-called turn-over meeting:

1)    Make sure that the new board members being elected are not in the “pockets” of the developer. Make sure to elect owners who have already been critics of the developer long before the turn-over meeting.

2)    Make sure that all the financials pan out and fit the realities. Many developers have a way to keep monthly maintenance fees artificially low. Helps them with sales of their homes and/or units. It’s very important to make sure that the actual fees charged are really sufficient to cover the actual cost, including reserves.

3)    Make sure the new board is quickly changing the association attorney. The firm was hired by the developer and more or less paid by the developer. They helped the developer to navigate problems while in charge – and will most likely be unwilling to help the association sue the developer if serious problems are discovered.

4)    Make sure the new board is quickly changing the community association management firm. Like the law firm, the CAM company was hired by the developer, did his bidding while in charge and most likely wants to be hired again by this developer once he starts his next “venture”.

These are important steps for an association and its owners once the turn-over from the developer is taking place. Owners should be aware that mistakes made at turn-over can have serious financial repercussions at a later time.