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TerriL2 (California)
Posts: 12
Posted:
Hello. I'm a new owner of a unit in my condo group, and a month ago asked the management for information. My husband and I have questions about rentals in our group of 65 units, and could not find a detailed answer in our bylaws. The Board did not give me the information, but asked me why I wanted it. I'm a relatively new owner, and may be missing something about protocol, but was offput by this answer. I'm wondering how to proceed. The first request was for a list of owners and which ones did not live on campus but rented their units instead. Is there a reason this is thought of as something to be guarded? Does anyone know if California law restricts this information for a condo owner in an HOA?
GlenL (Ohio)
Posts: 5,491
Posted:
Terri I know of no statute that requires the COA to keep that information or to disseminate it to the members. When you apply for a mortgage the bank will typically ask for the percentage of owner occupied units not who rents. Then you come into the whole privacy aspect, while the MC should be able to tell you the percentage of renters, the who IMHO would not be your business. For more information on what records a COA is required to provide visit http://www.davis-stirling.com and go to records.

Studies show that 5 out of 4 people have problems with fractions
KerryL1 (California)
Posts: 14,550
Posted:
Welcome to the Forum, Terri.

Make your request to the Board of Directors via management in writing and state the reason why you want it. They legally cannot deny your request in our state. So, what you're requesting is the name, HOA addresses and mailing addresses of owners in your HOA, right?

The reason I stated recently when I make the written request to my property manager is that I'd occasionally like to send out invitations to social events in my home. If you want this info to try to figure out what % of occupants are Owners, the list will help, but won't be 100% reliable precisely because some owners may not reside there year a round but also do not rent out their units.

(We have some owners who live here just part time and their mailing address is elsewhere.)

The Davis-Stirling Act governs HOAs in CA. A CA HOA law firm has an excellent website that tells you everything you want to know about CA HOA legislation. It is davistirling.com. Scroll their Main Index to Records Inspection (I think) and go to that reference.

But, I'm a little confused by your language. What is a condo "group? And how is it that residents live "on campus"?

TerriL2 (California)
Posts: 12
Posted:
sorry - it is a condo association. The people around here just refer to it as a campus - not sure why. thanks for the help!
KerryL1 (California)
Posts: 14,550
Posted:
Well, I'M sorry, the correct site address is davisstirling.com for the legal answer to your particular question.

But, out of curiosity, why do you want all owners' residential addresses? Glen IS right in that the Board or PM doesn't need to tell you the names of the renters and precisely which units are rentals.

Thanks for the "campus" note.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I know what an HOA must provide can vary quite a bit state to state but my multi-state association experiences says generally the HOA must provide no more than a list of owners and their addresses where HOA their "HOA business" mail is sent.

TerriL2 (California)
Posts: 12
Posted:
it was suggested by another owner that this group bends the rules a bit when saying how many owners have renters in their units. They count family of owners renting from the owner as owners and not renters, and have told us there's nothing to worry about, that the association is not in danger in terms of FHA loans, etc., or insurance increasing because of too many renters. We just want to have accurate information about where our association is in terms of renters. We have heard that at some point this works against your property values.
KerryL1 (California)
Posts: 14,550
Posted:
I have not heard anything about the HOA master insurance policy increasing due to an xx % of renters. Has anyone else?

FHA wants to see under 50% tenants.

Just ask for the info the legal way and you should get a rough idea. I do think many HOA count owners' family members who reside on the premises as non-renters.

Of our 211 condos, 10% are owners who're part time here. They don't rent out their units. 34% are tenant occupied. There's probably a small had full who're family members of wonrs living here. What % does your neighbor think are renters?
KerryL1 (California)
Posts: 14,550
Posted:
Here's CA Civil Code 5200 (a) (9): Membership lists, including name, property address, and mailing address, but not including information for members who have opted out pursuant to Section 5220.

Read more: Civil Code ยง5200 http://www.davis-stirling.com/MainIndex/Statutes/CivilCode5200/tabid/3792/Default.aspx#ixzz3ZbNl3Lqn
from Davis-Stirling.com by Adams Kessler PLC.

You're entitled to both addresses of the owners--mailing and property--in CA.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KerryL1 on 05/08/2015 6:34 PM
I have not heard anything about the HOA master insurance policy increasing due to an xx % of renters. Has anyone else?

FHA wants to see under 50% tenants.

Just ask for the info the legal way and you should get a rough idea. I do think many HOA count owners' family members who reside on the premises as non-renters.

Of our 211 condos, 10% are owners who're part time here. They don't rent out their units. 34% are tenant occupied. There's probably a small had full who're family members of wonrs living here. What % does your neighbor think are renters?

Terri

In my association we have at least three such. Two are parents who bought the unit and their adult children live there. One is a child that bought the unit and her Dad lives there. We do not count them as rentals as I doubt any rental agreement was signed thus they are not rentals.

In your case, come time for a sale, the association will be filling out any requested paperwork concerning the association and as long as the answers "come up right" then I suggest you stop looking for the boogeyman.
JeffT2 (Iowa)
Posts: 880
Posted:
Quote:
Posted By KerryL1 on 05/08/2015 6:34 PM
I have not heard anything about the HOA master insurance policy increasing due to an xx % of renters. Has anyone else?

Our insurance company asked for the percentage of rentals at our condominium.

Our insurance agent told us there are more maintenance problems in rentals, hence higher rates.
JimR26 (Alabama)
Posts: 27
Posted:
You really don't need to get this information from your HOA. It's likely available to you for free on the county assessors website. Find it, then start with your parcel number and you can move from one parcel to another to see who the owners are. If you have a telephone list for the community, you can compare it to the list on the county assessors website. You'll also likely see that several owners own many condos ... learn how to do this, and then before you ever move into a condo again you'll be able to see if your vote means anything.
KerryL1 (California)
Posts: 14,550
Posted:
But in CA, JimR, there's no need to go to that trouble. The HOA property manager or board in a self managed HOA must provide it if the request is in writing and a reason is given. The requester can be charged a copying fee, but our PM just sends it online to whomever asks. '

Since it's Terri's right in CA, JohnC, I wouldn't call it looking for "boogeymen." She just wants to know more about the HOA she lives in.

I think at the beginning of the O.P's thread, she though the Board was unfriendly for asking her reason for wanting the list. But our state code says we must give a reason, so the Board is doing the right thing. I know some owners in my HOA who worry a lot about % renters, but it's because they're--though there's no evidence in my HOA-- perceived to be less "rule abiding."

And Jeff says that insurance rates could go up if a large % rentals. But what % would that be, Jeff? 45%? 50%? More?

When we had 43% rentals during the recession, I'd say '08-'11, our insurance did not go up. So I'm guessing it'd be around 50% or even more.

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