How soon after move in must a resident receive a CC&R?

the CCRs are public records attached/filed with the deed(s)

they apply IMMEDIATELY at the point of sale/closing

if they were not filed/attached to the deed ... they will NEVER be mandatory

the purchasers may or may not have recourse against the seller (not the HOA's issue)

good luck

CAVEAT EMPTOR

Chrystal,

They should have gotten a copy at closing.
Unfortunately, as you know, that doesn't always happen.
The delay might also be the time between closing and the management company learning that the sale was finalized.

Tim

Ideally, one should receive a copy of the CCRs upon completing a purchase agreement and putting a deposit on the purchase of a unit. Generally, the purchaser should be given a period of time to review the document and cancel the purchase agreement without penalty. Some states (like Connecticut) require this whereas some do not.

It is another HOA falacy about getting a copy of the CC&R's/Article of Incorporation. Although a few states have a few rules out there about notifying buyers. They are too far and in between. In GENERAL, the CC&R's are looked upon as YOUR responsibility to be informed PRIOR to signing the closing papers. They are PUBLIC documents accessible at your local court house in records department. Thus being considered PUBLIC records the responsibility falls upon the actual individual making the purchase and NOT anyone else. It's a "Courtesy" if others involved like the HOA, Realtor, Previous owner, Lawyer, or mortgage company provide a copy. They are NOT required to do so. Some may not even know they exist as well.

The By-laws on the other hand get a bit "tricky". They are not in most states required to be filed anywhere except with the HOA as they are the HOA's rules/handbook. Hence why you may or may not get a copy of the by-laws at all except through previous owner or HOA itself. They are not attached to your deed like the CC&R's are. The documents are more ammendable and more in control of the owners/members.

Keep in mind this concept...You are NOT a member of the HOA until you sign the closing documents and own the home. The HOA handing over their financial records, rules, or other documentation is NOT required to be given to POTENTIAL buyers as it is confidential information for members only. That is NOT to say they can't give you a run down of the general rules/existance or the dues rates. I used to provide a brochure for interested buyers at our entrance way. It is just that requesting certain types of information and not getting it is NOT a failure on the part of the HOA prior to the actual sale. Your just not entitled to that until your an actual member. A kind of "Catch-22"...

Your lucky and fortunate to work with a HOA that would provide information and does send out rules to new owners. Everyone operates differently and you have to be informed. It NOT THEM informing YOU...

The reason the documents are NOT made available by the HOA is what I stated earlier. A POTENTIAL buyer is NOT a MEMBER of the HOA UNTIL they have signed on the dotted line. That is why the documents are considered PUBLIC and kept at the courthouse. No one is responsible to provide the documents to limit anyone and everyone's liability for NOT doing so.
I know it sounds like common sense to provide the documents but it truly isn't if you get one digruntle person. The HOA could get sued constantly by complete strangers and members with suits claiming "They were not given documents yada yada"...The Realtor could be sued for NOT doing their job for the information. The mortgage company doesn't have to adhere to the HOA rules and get paid first in any foreclosure actions the HOA may take. We know a lawyer won't do it since they are just there to provide legal paper signage. In the end it YOU the buyer who has to make the efort and not to expect otherwise in most states.

Ideally, the seller should disclose the existence of the CC&R's to the buyer and furnish a copy. Next best situation would be that the seller, his realtor, the buyer's agent, the escrow agent, or the title company, furnishes a copy to the buyer before closing. Not so ideal but more common in my area is that the CC&R's are furnished at closing. The deed itself should note that the property is subject to recorded covenants.

Perhaps the question might be restated as, "What should a buyer do if the CC&R's are not furnished to him at or before closing?" The deed itself should give the buyer notice that the property is subject to CC&R's. I have never done it myself, but I would see no problem with informing the seller and closing officer that you are not signing off on the deal until you have the CC&R's and an opportunity to read them as they are a material part of the transaction. By signing off on the purcahse without having a copy of the CC&R's a person pretty much waives his right to object later on.

In my county all recorded documents are available on the internet, so if a person knows that there are CC&R's he can obtain unofficial copies himself. Using the county recorder's website and that of the assessor, one can find the name of the subdivision, find out whether there are CC&R's, and download a copy in pdf format. However, when I purchase a home in Phoenix last year I did not bother to do that and was surprised at closing when they handed me a copy of the CC&R's. (The CC&R's were fairly innocuous as they were directed mostly at the original builders in the subdivision and have few restrictions for homeowners and no association.)

PA requires that a prospective buyer be given a copy of the CCRs, ByLaws & any Rules & regulations before settlement. If the buyer has not received the documents in time to review them, they can cancel the purchase without penalty. Once settlement has occurred however, it would be up to the new homeowner to obtain a copy from the association.

Side note: I've been stunned to find out that new residents are not being informed that there is an HOA and that there are yearly fees!

I don't know about Washington but here when you use the MRL Multiple Real-estate Listings to look at homes it states whether or not there is an HOA and how much the yearly assessments are. Also when I signed the mountain of paperwork to close on my home there was a sheet saying that there was an HOA and by signing I agreed to follow and obey the CC&R's.

Easier to plead ignorance!

South Carolina can be very weak in many in regulations but it does have something called the SC Horizontal Property which specifically refere to high rise buildings/condos. One section says:

""""""SECTION 27-31-150. Administration of property; bylaws.
The administration of the property constituted into horizontal property, whether incorporated or unincorporated, shall be governed by bylaws which shall be inserted in or appended to and recorded with the master deed or lease.""""""

Now many have rightfully argued that the Horizontal Property Act does not apply to townhouse, standalone home, HOA's. SC did try and come up with Rules and Regulations for HOA's but it died in committee a few years back.

Our HOA CC&R's and Bylaws are recorded with the master deed. There is also a page that says HOA Rules and Regulations exist but they are not attached to the deed.

In our HOA (standalone patio homes, still under declarant control) the procedure is you place a Lot Order that reserves that lot for you for 30 days. In that 30 days all the details will be worked out like style house, options, etc. As part of the Lot Order, you also sign for and receive a copy of CC&R's, Bylaws, and Rule and Regulations. The buyer can cancel the Lot Order for any reason during this 30 days period. During this time, some have many questions about the CC&R's/Bylaws, some have none. Some get their lawyer involved, some do not. There have been several cases where some did back out during the Lot Order phase, but I have been told no one ever said they were backing out due to CC&R's and Bylaws. At the end of the 30 day period you go to a Sales and Purchase Agreement.

I have heard many say well it is the job of the buyer to do this and that. While I agree, but if one has nothing to hide then they should make the process as open and as transparent as possible for all.

The best way I can put it in perspective for people is this:

Did the town/city give you a book of local laws/regulations and tell you the how much you would have to save each month to pay taxes? No.

Do you have to follow these laws/regulations and pay taxes taxes, of course. Same with an HOA.

Ignorance is bliss: I buy into a property that has a general area everybody walks through, there is a basketball court, a swimming pool, etc... Who the hell do you think owns that or is going to pay for the repairs when necessary, the tooth fairy? These are the same people who bought a house where their payments are 50% or higher of their income and then bled us dry because the were foreclosed on and claimed oh I didn't know I couldn't afford a 400K house on a 40K salary.

Give me a break folks - I don't buy ignorance nor stupidity.

> I buy into a property that has a general area everybody walks through, there is a basketball court, a swimming pool, etc...

It's not that simple. Some communities have an HOA but no obvious common area at all. Or maybe just a sign with a few flowers planted around it.

Many states dont have these laws.

Also, I've never seen a home in an HOA that didn't mention it on a deed or previous deed. Many home buyers just look at deeds as a bunch of words on a page and dont pay attention to what the deed actually says.

The address is listed on the deed. Now you have the info to look up the tax rate of the town, local laws, zoning, etc.

The property restrictions are mentioned on the deed. Now you know you have to look up info about the HOA. Visit the town hall, look up the development plans, CCR's, maybe bylaws, officers, or knock on a few doors and ask neighbors. In rare cases there is no active HOA, but if there are restrictions, one could be restarted at any time.

You have to factor in types of mortgages out there. Each has their own processes. My FHA loan the fees were a factor in getting the loan. The mortgage company told me about the fees and explained I could have bought a house for 20K more without a HOA or the smaller cheaper house in a HOA. I choose the HOA house for it's benefits.

A person paying cash for a home may never get the documents either. The mortgage company does NOT care about the HOA's rules or regulations anyways. They only factor in the "Loan Approval" factor for being able to make the dues and all your bills.

This area is part of the disconnect factor of acknowledging the HOA's existance. They don't know then you may not know. What would trigger them to know? Your HOA or Management company does NOT necessarily know or notify any mortgage companies when a property is sold. Who does that? Too many banks and options. The realtor does not have to notify the HOA/MC they sold a property.

I did go to some closings when I was President. We had to fill out a HUD form with the "health" of the HOA on it. Not every mortgage company used this form but some do use the data from it. FHA used the form but they were government based. Others NOT being backed by government funds do not require this information.

All consideration, notification of a HOA's existance can fall through the cracks just as much as it can rise above. Finding the disconnect is basically caught by the laws that each state has created. Otherwise, your on your own to find the information.