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KenN (Washington)
Posts: 2
Posted:
Hello,

Is there a database of HOA associations for the various states?

I live in Washington state need to find one for my work. I am a loan processor and I need to contact the associations to find out key information for purchases and refinances. Sometimes its faster to bypass the borrower or homeowner and go directly to the HOA.

Anyone know of a database?

Thanks!

Ken
JosephW (Michigan)
Posts: 882
Posted:
Ken,

Only states that require separate registration for condo's or HOA's have lists. To my knowledge, Washington isn't one of them, but possibly someone from Washington can correct me.

As for contacting the association directly, I would check with your legal department about that. Unless Washington has disclosure requirements that require the association to provide certain materials to the seller, the buyer should be the only point of contact. Reason, if the seller received materials from the association that the law didn't require, and then backed out of the deal, the seller might have a cause of action for interference with the sale.

You can check the state law for discliosure rquirements at: http://www.communityassociations.net/state_laws.html

Joe


Joseph West
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KenN (Washington)
Posts: 2
Posted:
Joe,

Thanks for note. I need a fax number for sending the lender required condo questionaires. I am not seeking anything else just phone numbers.

Ken
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By JosephW on 12/06/2006 12:50 PM

............ if the seller received materials from the association that the law didn't require, and then backed out of the deal, the seller might have a cause of action for interference with the sale.
..........


You mean the "buyer" received materials ?

We (the HOA) get calls and letters from closing companies wanting to know if there are any outstanding assessments on a house being purchased.

The smart buyer will request a copy of the CC&Rs before making an offer on a house. At least before signing a contract.


Ron
SC
JosephW (Michigan)
Posts: 882
Posted:
I'm just cautioning people. Unless the state has disclosure requirements, the association has no relationship with a potential buyer, only with the owner of record. The association would be handing out confidential information to someone it has no right to, unless the owner OK's it. If the buyer wants information, they should request it through the owner (seller), not directly to the association. I wish I could remember the case, but I seem to remember an association getting sued for interference with the sale, when the buyer backed out after getting information directly from the association.

Think of it this way, you wouldn't hand out your financial reports to anyone walking buy, would you? Until the buyer closes, he's just someone walking by.

Whole different ballgame in those states with disclosure requirements.

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net

*See legal notice below (end of page) or go to www.hoatalk.com/legal
JosephW (Michigan)
Posts: 882
Posted:
P.S. You were right, I misspoke. I meant to say "buyer"

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net

*See legal notice below (end of page) or go to www.hoatalk.com/legal
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By JosephW on 12/07/2006 4:32 PM

I'm just cautioning people. Unless the state has disclosure requirements, the association has no relationship with a potential buyer, only with the owner of record. The association would be handing out confidential information to someone it has no right to, unless the owner OK's it. If the buyer wants information, they should request it through the owner (seller), not directly to the association. I wish I could remember the case, but I seem to remember an association getting sued for interference with the sale, when the buyer backed out after getting information directly from the association.

Think of it this way, you wouldn't hand out your financial reports to anyone walking buy, would you? Until the buyer closes, he's just someone walking by.

Whole different ballgame in those states with disclosure requirements.

Joe


Many HOAs (including ours) put information such as CC&Rs on their websites available to anyone. A potential buyer could read this information and include it in his/her decision to buy or not to buy a property. As an officer of the HOA, I would hope that they would aquire and study this information before making an offer or purchase. It could save a lot of grief later on.

Bad idea?

Ron
SC
JosephW (Michigan)
Posts: 882
Posted:
Documents are public records, attached to the deed at any county office. But financials, minutes, etc. are not public records and shouldn't be given out to anyone outside the association other than people, agents or firms contracted to deal with them (CPA, management, attorney, etc.).

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net

*See legal notice below (end of page) or go to www.hoatalk.com/legal
DeniseA2 (Washington)
Posts: 15
Posted:
WA State Condo Owners:

Washington State requires Property Managers to have a State Real Estate License if they do not own the property.

Very Important. Folks must remember that property managers have access to your association funds and must be accountable for this measure and responsibility.

RCW 18.85.011
Definitions.

(16) "Real estate brokerage services" means any of the following services offered or rendered directly or indirectly to another, or on behalf of another for compensation or the promise or expectation of compensation, or by a licensee on the licensee's own behalf:

(h) Performing property management services, which includes with no limitation: Marketing; leasing; renting; the physical, administrative, or financial maintenance of real property; or the supervision of such actions.

RCW 18.86.030
Duties of licensee.
(2) Unless otherwise agreed, a licensee owes no duty to conduct an independent inspection of the property or to conduct an independent investigation of either party's financial condition, and owes no duty to independently verify the accuracy or completeness of any statement made by either party or by any source reasonably believed by the licensee to be reliable.

You can put in your property managers name/business name to verify if they are real estate licensed

http://www.dol.wa.gov/business/checkstatus.html

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