Moving to gated Community

Started by PamS10 • 20 replies • 1582 views

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PamS10 (California)
Posts: 11

Posted:

Does the management co of an HOA have the right to not let a Bekins truck through the gates until the property has actually been recorded (home has closed)? The deed will be sent to new property , management property holds keys to mailbox which they are turning over until they are shown deed. Any ideas?

JohnB26 (South Carolina)
Posts: 1,569

Posted:

not sure, what does your attorney say ?

any other advice at this point is just hear-say

imo: yes, they do (as in 'owner of record')

MatthewW4 (Arizona)
Posts: 500

Posted:

Where is the seller in all of this? Why can they not let the moving truck in through the gate?

AllisonD (Florida)
Posts: 449

Posted:

That does not seem right to me, sometimes it takes days to get things recorded but once the closing has occurred and the paperwork is complete, its your house.... unless of course California law says differently. But if the house burned down 10 minutes after the closing, you would be the one calling your insurance agent so in my opinion, the management company should not interfere.

MatthewW4 (Arizona)
Posts: 500

Posted:

The problem here is that a person who has no proof of ownership has requested a gate code from the management company. The purpose for getting the gate code is not really relevant. The management company has a responsibility to the existing residents to maintain the security of the gate codes. The management company is not being unreasonable in asking for some proof of ownership before handing over a gate code.

DavidW5 (North Carolina)
Posts: 565

Posted:

How would the management company know if the moving van was bringing in a home's furnishings or coming in to load up the furnishings from a home? There has to be a method for commercial vehicles to enter and leave the community. Find out what that method is.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

The recording of a deed could take months to show up on a public web site, although it would be available in at the actual registry. Just give them a copy of the deed you received at closing.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I don't see why the Management company would be involved in this. The management company and HOA is NOT involved in the sale or even rental of a home. They are a THIRD party. Now they can control certain things like the access to certain amenities but not access to a home. Seems that the MC and HOA should know about the home sale but it's a courtesy.

Think about it. The home isn't going anywhere and neither is the address. The name on the deeds change. Which is public information at the Tax Assessor's office. The HOA is still bound to the address of the home and the name attached is for tracking purposes. They should not deny a moving van if the seller has had a sign up in the yard and people have seen a moving truck in their yard. They had to drive a moving truck into the gate to collect their stuff too.

Former HOA President

MatthewW4 (Arizona)
Posts: 500

Posted:

Quote:

Posted By MelissaP1 on 08/16/2013 11:24 PM

I don't see why the Management company would be involved in this. The management company and HOA is NOT involved in the sale or even rental of a home. They are a THIRD party. Now they can control certain things like the access to certain amenities but not access to a home. Seems that the MC and HOA should know about the home sale but it's a courtesy.

When a person buys a home in a gated community they have agreed that a third party will control access to their home. On of the downsides to that is that the homeowner himself may find himself without access at times.

Quote:

Posted By MelissaP1 on 08/16/2013 11:24 PM

Think about it. The home isn't going anywhere and neither is the address. The name on the deeds change. Which is public information at the Tax Assessor's office. The HOA is still bound to the address of the home and the name attached is for tracking purposes. They should not deny a moving van if the seller has had a sign up in the yard and people have seen a moving truck in their yard. They had to drive a moving truck into the gate to collect their stuff too.

So, I see an online listing for a home for sale in a gated community. I call the management company and claim I just bought the house and need the gate code for my moving van to get in. The MC gives me the code without verifying my claim that I am the buyer. I drive in with an empty truck on a weekday while everyone is at work, and a few hours later I drive out with every TV, microwave, bicycle, and computer I could find in the neighborhood. Nope, those homes did not go anywhere but the stuff inside them did.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

Quote:

Posted By JohnB26 on 08/16/2013 4:03 PM
not sure, what does your attorney say ?

any other advice at this point is just hear-say

imo: yes, they do (as in 'owner of record')

DOH[/b}

FredS7 (Arizona)
Posts: 927

Posted:

> been recorded (home has closed)

Recording and closing are two different things. A new owner owns the house immediately after closing (signing of all papers and transfer of money). At that point he gets the keys from the former owner.

Seems to me the former owner could just give the gate code?

In any case showing up at the office with all the signed papers should do the trick. If not the management company needs to be slapped around.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By FredS7 on 08/17/2013 7:29 AM
> been recorded (home has closed)

Recording and closing are two different things. A new owner owns the house immediately after closing (signing of all papers and transfer of money). At that point he gets the keys from the former owner.

Seems to me the former owner could just give the gate code?

In any case showing up at the office with all the signed papers should do the trick. If not the management company needs to be slapped around.

I agree.

RichardP13 (California)
Posts: 1,767

Posted:

In California, once escrow has closed, the buyer may take possession of the house. It takes about ten days for the documents to be recorded with the County in which the property is located. The seller or escrow company will have keys to the property and generally the gate code or clicker, unless a short sale or foreclosure. Mailbox keys will come from seller, but if not turned over then a locksmith working with USPS can have new keys made. The HUD settlement statement is proof enough that a transaction has taken place and who the new owners are.

Melissa, not sure about the rules in your state, but here in California, if the HOA has a management company they will be involved in the process, from start of escrow, preparing documents and demands to finally getting the monies from escrow once sale has closed, HOA dues, and transfer fees, along with grant deed to transfer ownership and create a new HOA account name and number.

PamS10 (California)
Posts: 11

Posted:

Thank you for all of your replies. We tried to give the management closing docs and they said that was unacceptable they wanted the deed. Cam anyone refer me to a specific calif law that states HUD settlement should stand.
Thanks.

PamS10 (California)
Posts: 11

Posted:

RichardP13 (California)
Posts: 1,767

Posted:

Call your escrow officer or real estate agent to help you. The management company is out of line.

FredS7 (Arizona)
Posts: 927

Posted:

> We tried to give the management closing docs and they said that was unacceptable they wanted the deed.

I think you need a lawyer. And I fear you are going to have trouble with your management company in the future. To be blunt, they sound like officious idiots.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

You need someone kicking ass and taking names. I suggest you start with calling anyone on the BOD and/or who the management company works for.

MatthewW4 (Arizona)
Posts: 500

Posted:

Quote:

Posted By JohnC46 on 08/17/2013 2:38 PM
You need someone kicking ass and taking names. I suggest you start with calling anyone on the BOD and/or who the management company works for.

You could also go back to the escrow company and demand a rescission of the transaction as it is impossible for you to take possession. Let the escrow company and the seller get off their lazy butts and handle getting the gate codes.

KevinK7 (Florida)
Posts: 1,343

Posted:

So did the management company let you in the gate or are they refusing you ingress to your property? Here in Florida you cannot restrict a homeowner ingress or egress to their property. I would believe an extension of the law would be applicable to their belongings.

MatthewW4 (Arizona)
Posts: 500

Posted:

Kevin,

I think you are correct about not keeping an owner out but the issue here is that the gatekeeper is demanding far more proof of ownership than necessary or normal. The management company is not unreasonable in denying entry to a non-owner but they are unreasonable in their demands for proof of ownership.

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