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JamesD14 (Florida)
Posts: 3
Posted:
Hi,

I like in a new development and when I purchased the home I need to register my car in order to get parking decals. It was car, type, license plate (i think) and name. Now they are requiring car registration, insurance, tag, license and car info.

Legally are they allowed to do this? They have also asked for a lot of information for renters like marriage certificate and bunch of other stuff. They problem I have is, how do they manage and store my personal info? Why do they require more info than the DMW? They make new policies and I want to know if this is allowed. No where does the HOA document state these details. Also they are saying they do back ground checks on people (criminal) with the info. Is this even legal? They spread fear and say it is to protect the community but my view they have no right to do this at all.

My question is can they just change what ever they want? They say it doesn't have to be in the HOA document and it is allowed. A lot of misinformation I feel being spread but not sure.
JamesD14 (Florida)
Posts: 3
Posted:
I would like to add the self appointed board president says the rules don't have to be in the HOA document as this is 'administrative measure'. Is this correct?
AmandaR2 (South Carolina)
Posts: 566
Posted:
James, IMO since you are a new homeowner, in a new development (possibly your first HOA governed home?). Your first action should to locating your governing documents (CC&Rs) and reading them. They may be available to you online or you may need to visit your deeds office. Then if you don't already have copies of your Bylaws and Rules and Regulations ask your HOA to provide those to you (if they exist, if your development is still under control of the declarant or developer then it's possible they have not been created yet.). ALL the authority over your property the HOA has and what they are allowed to request you to provide to them, should be spelled out within those documents. They should be provided to you upon request.
Hope you get things clarified.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By AmandaR2 on 03/19/2015 7:28 PM

Your first action should to locating your governing documents (CC&Rs) and reading them.

Actually, the governing documents consist of more than just the CC&Rs.
They include:

The PLAT
Deed Restrictions (aka Declaration of Covenants, Conditions and Restrictions, aka CC&Rs)
Articles of Incorporation
Bylaws
Resolutions - which are formalized decisions made by the Board. Typical resolutions include common area rules/regulations, parking plans, architectural guidelines, clubhouse or other amenities rules/procedures.
JamesD14 (Florida)
Posts: 3
Posted:
Hi i have the document but the level of detail on specific documents required is not stated. They are saying this is an administrative measure and it is not in the documents and it is not necessary to be stated in the documents. Essentially saying they can ask for any document they want. That is my question. Can they do that? Previously it was different and they are starting to change the required documents.
AmandaR2 (South Carolina)
Posts: 566
Posted:
Tim is correct. My wording of the sentence he decided to pick out of my post was worded incorrectly. (You can tell you have "media experience" Tim by the way you choose only one part of postings and zero in on it, I noticed you do this often ). But, yes you are right, I should have been more specific in the sentence I posted, I stand corrected.
AmandaR2 (South Carolina)
Posts: 566
Posted:
Quote:
Posted By JamesD14 on 03/20/2015 3:48 AM
Hi i have the document but the level of detail on specific documents required is not stated. They are saying this is an administrative measure and it is not in the documents and it is not necessary to be stated in the documents. Essentially saying they can ask for any document they want. That is my question. Can they do that? Previously it was different and they are starting to change the required documents.

Now James which document do you have in hand?
FredS7 (Arizona)
Posts: 927
Posted:
> Why do they require more info than the DMW?

In one state I am acquainted with, you cannot register your car without providing information about your insurance policy. And, as it happens, the current mileage.

However the DMW has a way to CHECK if the insurance is valid- and they do. Your HOA undoubtedly does not. You might try an act of civil disobedience where you give them an invalid insurance company and policy number.

And a couple years later you can try to reverse the policy by pointing out the demonstrable futility of asking for insurance information.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Our state does require proof of atleast LIABILITY insurance when you register a vehicle. However, they do not always check. It is kind of "hit or miss". However, what they do instead is send out notices randomly. That notice makes you send the state proof of current insurance. I've gotten one before and had to give them a copy of my insurance policy. If you do not provide the proof, it could be a fine or even possible jail time in some cases. For the police, if you do not have proof of insurance it is much less "nice". They will give you a sizeable ticket and points against your license.

I don't have an issue with my HOA requiring this information if we had parking situations that needed it. My HOA is not set up with a need for such information. However, I can see places with garages or assigned street parking there being a need. I think it protects the owner and the members by verifying laws are being followed. I wouldn't want an illegal vehicle or one uninsured sitting in my neighborhood. It's just common courtesy and good ownership.

Former HOA President
GlenL (Ohio)
Posts: 5,491
Posted:
James in addition to your CC&R's, I suggest you read the Florida HOA statutes which define the power of the Board, the rights of the Homeowners and how to change rules etc. 718 are the statutes for condos - 720 for stand alone homes.

FL 718:

FL 720:

Studies show that 5 out of 4 people have problems with fractions
KerryL1 (California)
Posts: 14,550
Posted:
Awwww, Glen. I miss your Tocqueville quote. But I get the reason for your new one : )
JohnB26 (South Carolina)
Posts: 1,001
Posted:
? How about:

"Man who get legal advice from World Wide Web has fool for client."

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