Homeowner's Associations - Help!?

Question

When buying a house, can you obtain a copy of the homeowner associations (HOA) rules and guidelines BEFORE purchasing the house or is this usually "top secret."

The location I am considering states that the HOA dues pay for maintaining the common area, a security alarm and front yard care. I asked someone who lived there, whom I did not know, what she thought of the area and she said "the rules are too strict." She gave me some examples (and they sound strict but she also sounds upset at the HOA), so I want to review the restrictions more carefully before buying. How do I obtain this information? The sales office is being a bit tight lipped other than stating it pays for the items listed above.

Answer 1

Tell your Realtor to get you one, that is part of our job and why we get paid.  At closing or sometime before you will probably receive something you have to sign saying you understand the rules.

Answer 2

In my office, we have the HOA's for every sub in town.

Answer 3

they are hiding something to sell  quicker.  tell them you need to have full disclosure before you sign any contract. your lawyer can probably help you with the problem.

Answer 4

Ask your real estate agent.

In our case we got the rule book of the HOA prior to closing. And boy, ours is a HUGE rule book.

We did not fully understand the HOA strictness until we lived in the house. And it is tough to live with strict HOA -- from the color of your pavement, the birdbath, from the height of landscaping materials other than plants to the kid's swingset, we have to get the approval first before we can do anything.

So yes, I can see your predicament. Get a copy before you buy and talk to neighbors. There are pros and cons to a strict HOA, but living in one can severely constrict the choices you can do to your property

Answer 5

It is very common for condo owners to not like the HOA but some people are perfectly fine with the strict rules bec. this is what you have to put up with living in a multi-family dwelling. You may have just talked to a frustrated owner so I would talk to other tenants to see how they like living there and why. You're smart to research these things before buying. Also, if you are sensitive to smoke, animals and noise, you may want to ask about the adjacent neighbor's if they smoke, own pets and have kids etc. I currently am having a dillema with a chain smoker who live's downstairs from me bec. smoke rises, it drifts in my unit and stays there. Like many people who live in an urban type area, I don't have a lot of choices and I cannot afford to buy a house.

It is illegal to sell property without providing you the CC&Rs. You can also purchase the documents before you put an offer.

Answer 6

You were smart to talk to the neighbors.  They told you the truth.

Yes, you just go to the HOA management company office and read the papers.  Pay $25 and you can walk out the door with them.  I do that.  

You've been warned that you may be making a mistake. Are you listening to your heart.

Answer 7

The Seller may be willing to let you review his set of Rules & Regulations. If not, your realtor should obtain a copy for you to review. I would tell the seller that an offer will not be made unless you are able to review them...

Escrow usually sends a "demand" to the management company prior to the close of escrow, that shows the amount of the dues and any arrearage that needs to be paid by the seller. Escrow orders a complete set of HOA documents; CC&R's, Bylaws, Articles of Incorporation, Rules & Regulations, Certificate of Insurance, recent Monthly Statement of Accounts, Annual Budget, Reserve Study. These will be sent to you by escrow and you will sign that they are read and approved (with possible exceptions to the content).

Your Purchase offer may have an area to indicate the number of days you require to review HOA Docs prior to closing.

Your lender will want an HOA Cert. that shows the budget, owner-occupancy rate, etc. They usuaully do this through escrow.

You can also check public records for any litigation against the HOA.

If you do buy a condo? Become a Board Member! Trust me...it is worth knowing what goes on behind closed doors!

Answer 8

heck yes -- it is your investment