Structuring Phased Common Area

We often work with our clients to create a successful phasing program, being careful to annex common areas at the right time, allowing us to avoid spikes in HOA dues. Being able to plan for the eventual addition of specific common improvements to the HOA helps to avoid “front loading” the association with heavy improvements in the early phases, necessitating a developer subsidy -resulting in even more cash outlay for the developer.

Creating phased common area does require a little extra attention to HOA details:

– The HOA Manager should be included in the phasing program, so they understand what the maintenance responsibilities are of the HOA

– The HOA insurance policy should only include the specific common areas owned by the HOA; not the entire project. In this regard, the insurance program also becomes phased, with (insurance) policy fees gently rising as common areas are added.

– Utilities should be monitored to ensure that the HOA is not being billed for the future improvements that have not been annexed to the HOA yet. For example, if the streets are retained by the developer until a later phase, the HOA should not pay for the street light electricity. Another example is water billing. If there is a park in a future phase, the water should be billed to the developer until the park is turned over to the HOA. If the invoices do end up going to the HOA, an astute manager should turn them over to the developer for payment.

A meeting with the development team, the marketing team, and the HOA Manager early on will help to avoid issues after the initial sales have been made and closed.  Restructuring the phasing program may be difficult to achieve once public reports have been issued and sales have begun.

Please call our office if you have any questions or would like a consultation on your next project!

Hi, I'm Scott
President

I'd love to learn more about your new development or project. Use the link below to request a proposal.

Latest

Stay up to date.

Sign up our newsletter for latest article and news.

Understanding the New HOA Rules in Florida

Did you know Florida is home to nearly 50,000 HOAs, making it the state with the second-highest number of HOAs in the country, behind California? A recent bill signed by Governor Ron DeSantis, effective this July, aims to offer more leniency to homeowners while providing HOAs with clearer guidelines and restrictions.

Read More »

Effective July 1, DRE Has Increased Their Filing Fees

The California Department of Real Estate (DRE) is implementing new regulations that impact buyers and sellers. These new regulations will implement higher fees, revised mapping regulations, and new building configurations. Real estate professionals and stakeholders—particularly developers—must familiarize themselves with these updates to navigate the evolving regulatory framework and continue providing high-quality services. We’ve created a blog post with helpful information on the updated filing fees and a full analysis of the changes.

Read More »
Schedule a Call
Discuss your project or needs with someone from the California Builder Services team.