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Developer-controlled boards, turnover milestones, warranties, and handoff to owner control.
When this usually comes up
A new community is approaching turnover or owners challenge developer-appointed directors.
Topic guides are written for Florida law today. Use the state picker on statute pages when browsing other jurisdictions; linked sections below are from the Florida library.
Developer obligations (718.202)
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Transition to owner control (718.301)
When the developer must turn association control over to unit owners (typically when the developer has sold 90% of the units in all phases, or by a fixed time cap). Covers the transition meeting, the developer's obligations to deliver records and funds, and the post-transfer window for the association to bring construction-defect claims against the developer.
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HOA developer control
Common Elements summary — Section 720.307 governs HOA turnover — the transfer of association control from the developer to the lot owners. The developer must turn over control of the board when 90% of the parcels in all phases have been conveyed to owners other than the developer, OR three months after the developer files an application for a final development order or final inspection on the last parcel, whichever comes first. At turnover the developer must deliver: all financial records, all governing documents, all contracts, all permits, all warranties, an audit of association finances by an independent CPA, all insurance policies, and the keys. The new board must give written notice to all members within 90 days of the turnover meeting. For successor boards: the most important post-turnover task is commissioning an independent audit and an independent property condition assessment within 90 days. Florida's construction-defect tolling rule (95.11 plus 720.307 case law) means the SOL clock starts running at turnover for claims against the developer. A board that "waits to see how things go" can lose claims worth millions before it ever gets advice.
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