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VictoriaY1 (Virginia)
Posts: 1
Posted:
We're sure there is a Virginia statute mandating a rental management company to disclose the contact information for the owner. We are overrun with management companies whose only interest is to collect rent. The properties are a mess and the owners are being shielded by the rental management company. We are a new board and are desperately trying to clean up the HOA without spending a ton on legal fees. Anyone?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Victoria,

Sorry, there is no statute that requires this. It's not the rental managements responsibility to inform the Association of their clients contact information. They work for their client, not the Association. In fact, the rental company has a duty to protect their client's privacy.

It's the members responsibility to provide this information to the Association.

If the member doesn't provide this information, the Association is only required to send mail to the last known address provided by the Association.

Now, there are several ways an Association might obtain the address if not provided:

1) Check County Records (similar to Fairfax County's site)

2) Perform an internet search

3) Are they in the military, contact the military locator service (note the Army no longer provides this service).

4) If rented and managed, contact the management company (as they may be willing to forward the mail to the owner even if they are unwilling to provide the address). Contact the mortgage holder (who may or may not help you)

5) Contact the mortgage holder (who may or may not help you)

I will say that the issue you are having about property maintenance is likely associated with the management company vs. the member. My Association had one lot that was rented out and had issues. For years we tried going through the management company. Finally, someone looked up the tax records and sent the notice directly to the owner. The owner thanked us profusely as they were always told by the management company that everything was fine. Shortly thereafter we were provided an e-mail address of the owner and the name of the new company managing the property.

Hope this helps,

Tim
LarryB13 (Arizona)
Posts: 4,099
Posted:
You might check state statutes regarding landlords and tenants. We have a statute in Arizona that says the rental agent is the person upon whom legal process may be served.

This is dirty pool but if you are having problems with rental units, demand that the tenants pay their rent directly to the association. Deduct the costs of clean up and assessments, then hold the balance for the owner. When the management companies scream "foul," inform them that their management companies are not members of your association and have no standing to complain. Let the unit owners come forward if they wish to complain and/or collect the balances of their rent. Of course, those unit owners will need to provide proof of ownership and proof of their identities.

The rental unit owners will have to choose between playing under your rules or spending their hard cold cash hiring lawyers and filing lawsuits with no guarantee that they will prevail. Your insurance should cover your expenses should they choose the latter course of action.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
You can find out the owners by going to the tax assessor's office. Just need the lot # of the home. Which you may find out by having the HOA plot or knowing what your Lot # is and deducing from there. You may just can use the address as well. That's how I found our true owners. Keep in mind that the information may not be 100% accurate as it takes time for them to process the tax information. However, it should be within 6 months of purchasing.

Former HOA President
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You can find out the owners by going to the tax assessor's office. Just need the lot # of the home. Which you may find out by having the HOA plot or knowing what your Lot # is and deducing from there. You may just can use the address as well. That's how I found our true owners. Keep in mind that the information may not be 100% accurate as it takes time for them to process the tax information. However, it should be within 6 months of purchasing.

Former HOA President
CarolF (Florida)
Posts: 435
Posted:
You will probably be able to find out the information that you need online. If you don't know how to access your county's online services (real estate tax information or property appraisal information) ask a realtor to show you. They know how to get the owner's name and address.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Victoria

Usually one of the Covenants is that the association must maintain an up to date list of owners (names and addresses) and the owners must be willing to provide such information to the HOA.

If the association BOD and/or management company is doing its job, there is no need to go stealthing around to find the information. It should be readily available.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
In a "Perfect World" owners would notify the HOA when they buy or sell their property in it. However, the reality is that many don't. There are many reasons for this. Some could be angry at the HOA and don't want any involvement in it. They aren't going to tell the HOA anything. The new owners may not be aware or don't know who to contact. A variety of reasons why a HOA may not have an accurate list of owners.

We did not have any formal notification rules. Houses could sell within hours. We had one that sold within 6 hours of going on the market. The signs would go up one day and be down the next. There were no requirements to notify if your property was rental or not. The Secretary was to keep up with this information according to our rules of the Secretary's duties. However, we lost our Secretary a few months into the year due to moving or they didn't know the information. It was quite the mess.

I learned to get creative in finding the owners. Especially those who owed us lots of money. I found that the Legal section of the newspaper announces foreclosures or liens placed on homes. If the owner was in trouble with the bank it would show up there. If I knew the lot # I could get the information from the tax records. Many times it was by happenstance by social contact. I had a plat/map of the HOA that I kept this information on. Plus continously communicated with our Accountant on who wrote the checks to pay the dues. Renter's could not pay the owner's dues. So the checks written had to be from the owners who would have their alternate address on them.

So don't expect this information to be given freely or part of the record keeping of your HOA. It takes work and effort. What sounds like a natural operation of the HOA, isn't. So be prepared to do the legwork and know where to find the resources. Death and Taxes are assured...Hence tax records are a good route to go...

Former HOA President

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