Basic HOA Information

I recently purchased a new house in an HOA governed subdivision. I'm trying to obtain basic information about the HOA, but the BOD seems to be actively refusing to provide this information. What I'm trying to find out is who is on the board, or who is the contact person for questions pertaining to the CCR's.

All HOA meetings have been private closed sessions, the HOA does not have a website, provide minutes, financials, they are not listed in any of the local phone books, online searches do not come up with any information, or in my case answer the most basic question of who do I contact. I have the email address and phone number of the treasurer and the HOA lawyer's name from an invoice that was sent to me, but he refuses to answer phone calls or emails. What recourse do I have as a member of the HOA have, how can I obtain contact information?

I just want the most basic of HOA information.

They'll contact you as soon as you owe money or have a violation

How about ask some neighbors?

CCRs - Covenants and Restrictions - your county Registrar of Deeds

Articles of Incorporation - you Secretary of State - (you may need to write a lengthy letter or appear in person if you don't know the exact name of the corp.)

Corporate By-Laws - possibly the secretary of state (may not be required to be recorded)

Registered Agent fot the Corp. - secretary of state

you really need YOUR attorney to send THEIR attorney a certified letter

Mike, it sounds to me that, among other things, you have some questions ABOUT the CCRs, is that right? It seems that you do actually possess them, right?

Stop looking for a web site, put your shoes on and knock on everyone's door. Introduce yourself, you just moved in, and start a conversation about the HOA. You may even like some of your neighbors.

you might also take a look at all the paperwork for your new home. there is likely some information in it about the HOA: Proper name, perhaps an address, maybe(maybe not) even more.

it's another place to look.

But mostly, I agree. Go knock on doors, and ask neighbors. be cheerful. tell them you are new, and you might even get pie or something out of it.

No the realtor will NOT have the information. It is viewed as the OWNER's responsibility to be informed of the HOA. Which means a trip to the Courthouse to get a copy of the CC&R's on file. People have the misconception that it is the realtor, lawyer, former owner, or the HOA that provides this information. It is NOT. It's a courtesy if the former owner or the HOA provides this information. It is something that I would agree if States changed their laws to reflect a better way of letting people know they are entering a HOA. Closing documents may have it but they breeze through them so fast it's easily missed or misunderstood.

If you have your documentation then you should know the name of your HOA. It probably isn't listed in any public phone book or on the internet. Ours isn't. Unless someone has made an internet page, then most likely the HOA won't come up. Your best bet is to knock on doors and ask questions.

You don't contact the HOA's lawyer. That is only up to the BOD to do as it costs the HOA money to talk to the lawyer. Their meetings should be public unless they are covering a legal matter/sensitive subject. If your a renter, then you are NOT a member and probably aren't able to attend the meetings. You may still volunteer but understand your limitations.

Best advice...Ask a neighbor. Ask 3 to get a better opinion...

Disclosing a HOA is different than handing you the rules. No one but you are responsible for finding out what the rules are. A mortgage company should tell you if it's in a HOA because they have to approve the loan. Realtor's should tell you when you look at the home. Lawyers should tell you when you sign the agreement. However, NONE of them are responsible for putting those CC&R's in your hands... You know there is a HOA now go find out if you want to be part of it or not...

My Realtor must have been outstanding then. This is my first home, so I could have made a lot of rookie mistakes. She not only made sure to get me the CC&R's for my top 4 picks, she put time into the agreements for me to review the CC&R's on the two I put offers on with a clause that I could back out if the rules weren't acceptable to me.

You need to find out what your state laws are regarding HOA's. In Arizona, for example, all board meetings must be open to the members even if the board is still under the control of the developer and records must be produced upon request.

If you have questions about the CC&R's, I would not expect too much help from the BOD. The CC&R's are what they are and directors may be reluctant to provide you with legal advice regarding their interpretation.

You mentioned that you had purchased a new home. Did you mean "new" as in recently-built? If the subdivision is still new, the HOA may be under the control of the developer. My experiences with developers has been that they believe the world owes them and the laws do not apply to them. This may be why the meetings are closed.

What I've been trying to find out is information about the ARC. Our CC&R's state all changes (landscaping, fences, etc.) must be submitted to the ARC for approval and include all pertinent information. What it doesn't state is what is "pertitent" information, and where/who this information should be submitted to.

Almost all of the lots have the backyard and a portion of the two side yard enclosed in a 6' tall wood dog-eared privacy fence. My lot has two of the 3 sides already fenced from neighbors, so I wanted to finish the one side that was not, using the exact same fencing methods. So I've been trying to determine who is on the HOA BOD/Committee, how do I contact them, etc. For someone that wants to follow the rules, and is trying to follow the rules, the HOA is certainly not too eager to provide anything other than a invoice for HOA dues.

Maybe they are mad at me because the builders raised the entire lot by what looks like 25 feet of red clay then built the house on top of that.

Something about the CC&R's bug me. It states all lawns must be kept up, weeds pulled, lawn mowed, etc in a timely regular fashion, then the next rule under that states that ALL landscaping must be approved by the ARC prior to any work commencing. Pulling weeds and mowing lawns IS landscaping...

I have the email address and phone number of the treasurer and the HOA lawyer's name from an invoice that was sent to me, but he refuses to answer phone calls or emails. [Mike]
It is rather unusual for the attorney's name to be on an invoice. Could it be the Developer is still in control? This is why I suggested you check the annual report to determine who is in charge.
All HOA meetings have been private closed sessions [Mike]
This is also quite unusual.

Am just guessing about all this but I would not build a fence unless the Board gave me a written approval. They may have 30 or 60 days to respond to your written request. That too could be spelled out in the By-laws.

Melissa:

I am mystified as to how my advice to the OP that the BOD should not be viewed as a source of legal information got twisted in your mind to a belief that I depend on the BOD for legal advice.

After practicing law on my own behalf in Arizona courts for the last 35 years, I would rather ask a wino in a homeless shelter for legal advice that any director of any HOA. The advice will be just as wrong but at least the company would be more pleasant.

I take exception to your statements that being on a BOD takes no special skill and that HOA's are just a club. This is precisely what is wrong with HOA's. Having a degree in business administration plus years of experience owning and operating small and medium sized businesses, I find most HOA board members wholly unfit to serve in that capacity. Can you tell me what the difference is between a director of a corporation and an officer? That's a simple question but I doubt that anyone on this forum can give the correct answer. Would you claim that being a doctor takes no special skill? Would you claim that electricians need no special skills? Why, then, would you contend that managing a corporation takes no special skill?

An HOA is not a club. It is a private government with the power to levy assessments and civil fines, and the power to sieze property through foreclosure. This should not be an area for the inexperienced and untrained yet most HOA boards are made up of former high school student council members who view the elections as a popularity contest. The one thing I hear on this forum more often than anything else is "we can't to afford a lawyer." Well whose fault is that? It is nearly impossible to operate any corporation without getting legal advice from time to time. If you are afraid to impose assessments to cover the costs of doing business, then you lack the needed skills to be on the board and your service in that capacity is detrimental to the interests of your members.

True...but to Larry's point look at a well run HOA and look at a poorly run HOA and then examine the board members skill level with regards to business management. There are no requirements to be a board member but those that get the job done have some pretty incredible skills.