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TimA1 (Texas)
Posts: 5
Posted:
Texas - Who is responsible for keeping correct owner or Board?
SusanW1 (Michigan)
Posts: 5,202
Posted:
The Board Secretary is in charge of keeping the legal records of the corporation.
LynetteB (Texas)
Posts: 141
Posted:
Tim,
Our Board keeps a record of our owner's contact info, however, it is the owner's responsibility to notify us of any changes. This is true for our association, the county appraisal district and other Texas entities. When our POA files a lien or a small claim, we notify the owner at the "last known address". If they do not receive notification because they did not supply us with an address change, it does not reflect on us.
Hope this helps.
Lynette
TimA1 (Texas)
Posts: 5
Posted:
Lynette,

Thanks for the reply....what is the inital source of you address data for a lot/owner?

Tim
TimA1 (Texas)
Posts: 5
Posted:
Susan,

Thanks, but what is the initial source of your owner data? County records, the homeowner?

Tim
TimB4 (Tennessee)
Posts: 21,059
Posted:
Tim,

The initial address would be the property address.

Ultimately, it's the responsibility of the owner to keep the Association informed of their correct mailing address. The Association is responsible for maintaining the information.

As Linda said, the Association only has to send stuff to the last known address. Some Associations will take the time to try and track an individual down, but (depending on the issue) they are not legally required to.

TimA1 (Texas)
Posts: 5
Posted:
TimB4,

Thanks...but what about rentals and vacant lots? We had an undeliverable notice rate of about 12% using owner supplied addresses. The treasurer switched to the County Tax Office mailing address and our problen dropped to less than 2%. So far so good! A couple of owners are unhappy. One bought a second property and mistakenly put that address as the mailing address on the deed (although they still live here). The county picks up the last address provided as a mailing for a given individuals tax account and replaces on all properties owned. Hence, for the last three years our assessment notices and the tax bills have been mailed to the non-residence address. Not a single comment until this year. A simple note to the county would fix but they don't want to hear that........

I was trying to find out if there was a standard procedure, like using the county data etc.

I guess not!

Thanks again,

Tim A
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By TimA1 on 02/01/2011 4:46 PM

I was trying to find out if there was a standard procedure, like using the county data etc.

As you discovered, there is no standard procedure. Kudos to your Board for tracking down the owners. Just remember that the Association must maintain their own list and not rely on the county. However, as you discovered, the county can be a good backup for any returned letters.

My Association tracked down a military owner who was stationed overseas by going through his properties management company. We've tracked down some who rent out the properties by knocking on the door and asking the renter where they send their check. We have one owner who changes his address every six months (he buys a home and lives in it while renovating then rents/sells it and moves to the next one).

Legally, you only have to send it to the last known address. Anything above that is an individual choice made by each Association.

Tim
LynetteB (Texas)
Posts: 141
Posted:
Tim,

You sound like you are on the right track.

Our initial source of contact info is simply me being nosey. haha. Most of our property owners live out of town and have empty lots, so much of our communication is done via e-mail. Every year I send out an e-mail request for updated info to include email, address, phone number and preference for communication, (e-mail or mail). If I don't get a reply I will send multiple e-mail requests, then a phone call, then a letter. A couple of our members are strictly by mail only, so I start with a letter to them.

I rely on the tax office some as well. I look through their electronic files once or twice a year just to see if anything jumps out at me. Surprisingly, I have found some changes that way.

Usually a change in ownership is handled through a title company. I keep the local title companies up to date on who to contact for info, (resale certificates or other), in our POA.

When we have any notice of liens go out, we send them certified mail, return receipt requested. In one of our small claims cases, we used the returned letter as proof to the judge that we had tried to contact them. (even though they claimed otherwise). It was all the proof we needed to convince the judge that we had made the necessary efforts to let the owner know of the unpaid balance.

It is vaguely written in our CC&R's and clearly written in our Assessment Policy that it is the owner's responsibility to keep the info updated.

I have also used google to find current info on an owner. But like I said, I am nosey. haha
TimA1 (Texas)
Posts: 5
Posted:
Lynette,

Thanks again, I guess that I will recommend to the rest of the Board ( I am Pres.) that we use the County tax data , which has proved so reliable, except where owner specifically requests otherwise. For those people, we will send notices where they request and document via letter, e-mail from them. We will not take any responsibility if the owner changes where their mail is received and fails to notify the association.

It's never simple!

Great use of this discussion site.

Tim
LynetteB (Texas)
Posts: 141
Posted:
Tim,
One more note:
If you have members who only offer a PO Box, try to get a mailing address for them as a back up just in case you ever have to serve anyone papers. You can send certified letters to a PO Box, but a sheriff can't serve papers to one.
BarbaraB10 (California)
Posts: 117
Posted:
LynetteB brings up a valid & cruicial point.

"Place of residence" (where the owner physically lives/ resides) is important for records for the reasons cited and is a separate request from "mailing address".

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