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Buyer Guide·9 min read·October 12, 2026

Buying in a Community the Developer Still Controls: What Does Turnover Mean? (2026)

Short answer: in a new community the developer runs the association board at first, and Florida law fixes the points at which owners take over. For a homeowners association the main trigger is three months after 90 percent of the parcels have been conveyed. Condominiums run on different triggers.

Short answer: in a new community the developer runs the association board at first, and Florida law fixes the points at which owners take over. For a homeowners association the main trigger is three months after 90 percent of the parcels have been conveyed. Condominiums run on different triggers.

This matters more in this market than in most, because so much of what people buy here is new or still building. Parrish, Wellen Park, and the newer Lakewood Ranch villages are full of associations that are not yet run by their own members, and buyers sign into them without much sense of what that means.

What the board actually controls

Start here, because the significance of turnover is easy to miss if you think of the board as the group that approves paint colors.

The board sets the budget. It sets the assessment that lands in your monthly cost. It decides how much goes into reserves for the roofs, the roads, the pool, and the amenity buildings that will eventually need replacing. It adopts and enforces rules, hires the management company, and decides whether to pursue a claim against a contractor whose work turned out badly.

Before turnover, all of that is being decided by the entity that is also selling you the house. That is not an accusation, it is a structural fact, and it is the reason the law sets a schedule for handing control over rather than leaving it to goodwill.

The homeowners association timeline

Most new communities here are homeowners associations rather than condominiums, and the transition statute sets out two stages.

  • Members other than the developer are entitled to elect at least one director once 50 percent of the parcels in all phases of the community have been conveyed to them
  • Members other than the developer are entitled to elect at least a majority of the board at the earlier of three months after 90 percent of the parcels in all phases have been conveyed to members, or another percentage, date, or event set in the governing documents to meet the mortgage financing requirements of a governmentally chartered entity
  • The developer remains entitled to elect at least one director for as long as it holds at least 5 percent of the parcels for sale in the ordinary course of business

Read the phrase in all phases carefully. In a community being built in stages over years, the denominator is the whole planned community, not the section that is finished. A neighborhood that feels complete can be a long way from 90 percent of the entire project.

The builder exclusion that moves the date

This is the part almost nobody tells buyers, and it is worth understanding before you assume turnover is close.

For purposes of the transition statute, builders, contractors, and others who purchase a parcel in order to construct improvements on it for resale are not counted as members other than the developer.

So lots sold in bulk to builders do not advance the count toward turnover the way a sale to a family does. A community where a great deal of inventory sits in builders' hands can look busy and sold-through while the turnover clock has barely moved. If someone tells you turnover is coming soon, the useful follow-up is how many parcels have been conveyed to actual members, and out of how many in all phases.

Condominiums run on different triggers

If you are buying a condominium rather than a home in an HOA, the framework is separate and the numbers are not the same.

  • Unit owners other than the developer are entitled to elect at least one-third of the board once they own 15 percent or more of the units
  • They are entitled to elect a majority on the first to occur of three years after 50 percent of the units have been conveyed to purchasers, three months after 90 percent have been conveyed, or completion of all units with none still being offered for sale by the developer in the ordinary course of business
  • After turnover the developer may retain a board seat while it still holds units for sale, at a percentage that depends on how many units the condominium contains

Notice that a condominium which sells quickly can reach the three-month, 90-percent trigger well before the developer expected to step back. Speed of sales, not the calendar alone, drives the date.

Why the first owner-controlled budget sometimes jumps

Here is the practical consequence buyers feel in their wallet, and it is worth asking about directly rather than discovering.

While a developer controls an association, it may have agreed to guarantee the assessment level for a period and to cover any shortfall rather than letting dues rise. Arrangements of that kind are common, and they are good for early buyers while they last. What they are not is permanent.

When a guarantee ends and an owner-controlled board inherits the budget, two things frequently happen at once: the subsidy stops, and the new board takes a harder look at whether reserves have been funded adequately for what the community will eventually have to replace. Both push in the same direction.

So the questions to ask before you buy are concrete. Has the developer guaranteed the assessment level, and if so, when does that guarantee end. What do the reserves currently hold, and against what schedule of future replacements. Nobody can promise you the next budget, but a seller or sales office can tell you whether a guarantee exists and when it expires, and that tells you a great deal about what is coming.

The handover of records, and the turnover audit

At turnover the association receives the developer's records for the community, and it is common practice for a newly owner-controlled board to commission an independent turnover audit of the association's finances.

That audit is where problems surface if there are any: underfunded reserves, assessments that were never collected, or construction issues that should be pursued while there is still time to do so. For a buyer, the useful question in a community that has already turned over is simply whether that review was done and what it found. In a community that has not, it is one more reason to care about who controls the board.

What to ask before you sign

  • Is the association still under developer control, and which stage of the transition applies
  • How many parcels have been conveyed to members, and how many exist in all phases of the planned community
  • How many parcels are currently held by builders, since those do not count toward turnover
  • Has the developer guaranteed the assessment level, and when does that guarantee end
  • What do the reserves hold, and is there a reserve study behind the number
  • If the community has already turned over, was a turnover audit performed, and what did it conclude
  • Read the governing documents for any alternate turnover trigger, since the statute allows one to be set in them

Looking at a new community here?

None of this is a reason to avoid new construction, and I spend a lot of my time with buyers in exactly these communities. Developer control is a normal stage, not a defect. The problem is only ever that buyers are not told where in the stage they are standing, and so they budget for an assessment that was never going to hold.

If you are considering a community in Parrish, Wellen Park, Lakewood Ranch, or anywhere nearby that is still building, tell me which one and I will help you get real answers to the questions above before you are under contract.

Nothing here is legal advice. Statutes are amended, and a community's governing documents can set their own transition trigger within what the law allows. Confirm the specifics for a particular community with the association, the developer, or a Florida attorney who handles community association matters.

Quick answers

When does a Florida HOA turn over from the developer to the owners?+

The main statutory trigger is three months after 90 percent of the parcels in all phases of the community have been conveyed to members, or on another percentage, date, or event set in the governing documents to satisfy the mortgage financing requirements of a governmentally chartered entity. Separately, members other than the developer are entitled to elect at least one director once 50 percent of the parcels in all phases have been conveyed to them.

Do homes sold to builders count toward turnover?+

No, and this is the detail that moves the date. For purposes of the transition statute, builders and contractors who purchase a parcel in order to construct improvements on it for resale are not counted as members other than the developer. So a community where builders hold a large number of lots can be considerably further from turnover than the activity on the ground suggests.

How is condominium turnover different?+

Condominiums run on their own triggers. Unit owners other than the developer are entitled to elect at least one-third of the board once they own 15 percent or more of the units. Majority control arrives on the first to occur of three years after 50 percent of the units have been conveyed, three months after 90 percent have been conveyed, or completion of all units with none still being offered for sale by the developer in the ordinary course of business.

Does the developer leave the board entirely at turnover?+

Not necessarily. In a homeowners association the developer is entitled to elect at least one director for as long as it holds at least 5 percent of the parcels for sale in the ordinary course of business. On the condominium side the developer may keep a seat while it continues to hold units for sale, at a threshold that depends on the size of the condominium.

General information only, not financial, legal, tax, or insurance advice. Market conditions, programs, taxes, fees, and insurance requirements change; verify current details with the appropriate licensed professional.

Michael Dailey
Michael Dailey

REALTOR® · Sales Associate · Coldwell Banker Realty

Raised in Sarasota and a U.S. Army veteran, Michael helps buyers, sellers, and investors across Southwest Florida with honest, no-pressure guidance.

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