We are residents of a deed restricted community. My residence is in the community of Flint Hill Crossing, Landenberg, PA. We have made several attempts to have our homeowners association turned over to us. The agreement states on or about the 45 house or 5 years which ever comes first, but no later than 60 days. We are at the 46 settled home and the first settled home was October 2003. Development should have been turned over to homeowners to appoint their board members no later than January 1, 2009.

After many repeated attempts contacting the developer, Kershaw Construction, in Middletown, DE, (the developer) our community of homeowners doesn't have many answers. Kershaw hired a management homeowners association company BC Communities, in DE. We have been requesting the files, documents and expenses. Also, the development is not maintained by Kershaw, mowing open space and deed restrictions aren't followed. We contacted the township, and he is responsible for mowing, maintenance, and care until dedication to the township.

We have voted and appointed an HOA board member in the past week. The developer, Kershaw, has in the past two years sold lots to builders of smaller scale homes that don't retain "like footprint as stated in the HOA agreement. Original homes were built between 3,500 square feet to 10,000 square feet. The last home settled on was under 2,000 square feet. Privacy fences are against deed restrictions, and the last home sold had the fence approved by Kershaw/BC Communities.

We presented to our township, London Britain, our concerns and have documented everything. We are now demanding the association be turned over to the homeowners as per the agreement. There has been no response from BC Communities, and Kershaw has responded, but with no dates or times of the turn over we have requested. We believe as homeowners of Flint Hill Crossing, that this is the developer’s attempt to sell the remaining lots and allow anything to be built. A building committee was to be in place. Loss of value? For example, my neighbor had her home listed for $849,000. The price has dropped in four months to $599,000. The neglect by the developer (upkeep and allowing deed restricted items on properties) has caused a severe devaluation to our properties.

Is there a way to demand the file and turn over and force the turnover ASAP to the homeowners as stated in the agreement? We are trying to stop further construction until a board is appointed and accepted; time is not on our side.