Can homeowners association request for turnover or transfer of common facilities in the subdivision from the developer?

Every state has a different set of parameters that define when and how a developer turns over their project and its business to an owner-populated board. You can find these parameters in state law governing the style of ownership in the subdivision, such as HOA.

The important information to gather in order to effectively make the request you want, may include:

• The parameters written in your governing documents that preserve the developer's rights (these reflect the state law);
• The date of the first sale;
• The date of the most recent sale
• The last date of any development
• The duties of the developer at turnover (which may include architectural drawings, land plats, association legal status documents, etc.)
• Possibly more key details

Armed with this data, you can approach the developer and request that the property be turned over to a board populated by owners interested in developing a viable community.

Certainly you can request a turnover: unless otherwise limited by time, the developer's willingness to turn over the association may be another matter.