One cause for apathy

There have been a number of threads on this forum about apathy among homeowners towards their associations. I don’t think we really should be surprised by apathy.

Some people – maybe even most – are going to be attracted to an association as it will relieve them of certain responsibilities. Depending on the CC&R’s, the association may do simple tasks, such as mowing the lawns, all the way up to performing all exterior maintenance. These are people who want to own their own homes without being bothered by doing their own maintenance.

I would never expect those who do not want to be involved with maintenance on their own homes to want to be involved with their associations. Some people just do not want to be involved with anything and some just want to be left alone.

What happens when the situation gets to the point where, not a soul wants to volunteer their services to become a board member? And, the sitting board has had enough. We have a management company helping us with our needs but what if, there is no Board to speak for the community. Do you turn the checkbook over to the Management Company? Just wondering if anyone has had experience with this type of situation. Thanks.

It really comes down to folks not understanding (reading) what they buy and then becomming bullheaded when they realize what they did buy...

This comes into legalities. The Association typically has no part of the selling/buying of the home. The Association has a legal obligation to provide documentation to the members.

Once the deal is closed:
The buyer becomes the owner and a member of the Association
The Association is now obligated to this new member to provide documents.
The Association no longer has an obligation to the previous member (seller) to provide anything except bills for unpaid assessments.

Even where States have adopted legislation for Association documents to be provided to buyers, this legal obligation of the Association is recolonized. If you read those laws, they specify:

1. The Seller is required to provide a disclosure package of xyz association documents.
2. The Association must honor the request of the Seller or the sellers agent (Realtor) to produce the documents for the seller to provide.

If the buyer didn't get a copy of the documents it's an issue between the buyer and the seller.

This is not an urban ledgend I am a FIRM believer that when a home condo or whatever is listed there should be a law requiring that if there is an HOA it be noted on the listing by the time you get to closing it's too late in most cases to change your mind. A lot of people have no idea about HOA's.

I agree the law has to change about HOA's acknowledgement. The ONLY party that is responsible to be informed about the HOA and it's rules is the purchaser. That is because the documents are considered PUBLIC documents available at the Records Department of the local courthouse. How many knew that information?

Realtors are much like used car saleman. (No offense). They are NOT made equal and don't know themselves if the property is in a HOA or not. Don't trust that they do their research or are working just for the seller who's trying to get out from under their HOA. This is why I always use a BUYER's AGENT when purchasing a home. They work for you and split the profit with the other Realtor.

The Closing attorney might tell you but may miss it. There is soo much paperwork involved that it's easy to glance over the one piece that may give you insight about the HOA. A new buyer may not understand the language or is tired at this point. Plus your AT the closing signing the final paperwork! Your going to stop your closing when you hear "HOA"? Especially if you just spent days moving everything you owned? Closing should be discussed a bit more prior to going in so you don't get surprised.

Mortgage companies should atleast inform a buyer. That's because HOA's dues are a part of the calculation on if you can afford this house or not. A simple $50 could get you a slightly bigger house instead of a smaller HOA home with amenities. Your on the hook for HOA fees just like utility payments. You would think the mortgage company should factor that into your loan information somewhere? Mine did when we went over it. That was just lucky I guess or because of the type of loan I had required that acknowledgement. NOT ALL mortgage require HOA information and thus don't factor it in. FHA does but other progams may not and may not be available in the area.

The Seller should turn over the documents to the purchaser. Mine did at closing. A little too late to review again at closing. It's really viewed as a "Courtesy" of the seller to turn over those documents. They could just leave them in a drawer in the house to find when you start moving in. LOL..Plus the seller may be hiding the fact it's a HOA or they don't even have the documents themselves.

The HOA isn't responsible to hand over any documents to a buyer. You are NOT a member of the HOA until you officially close. So you should NOT be able to access any financial records of the HOA or other member only related information. The HOA may provide some basic information like a welcome brochure or a copy of the rules for a small charge. However, since you really are NOT a member until you sign on that dotted line the informaton they provide really is up to them. Some HOA's are more open than others so take that as a note.

Yes, people can truly NOT know there is a HOA. That doesn't excuse them from being in it or paying their share. It is just that HOA's are so full of lack of education about what it is and potential "Peyton places" that apathy is ripe to brew. Changing or having HOA education out there is a good option to provide. I like the idea of HOA workshops or articles explaining rules of the HOA in a newsletter. The power to change things in your HOA still lays in the owner's hands. It's what they decide or want to do with that power is up to them.