Homeowner's resposibility

Is it the responsibility of the homeowner to know the Declaration, Covenants & Restrictions. If so, I am going to assume that not knowing a rule does not absolve you of a violation.

Thank you Shelia. The reason I asked the question is because some homeowners do have violations and their response is, "how am I supposed to know what the rules are unless the Board informs me of the rules". My response to that question was that all the documents pertaining to the HOA are posted on the HOA website for all to access. Also on a regular basis usually in the spring I send out an eblast to all the residents through our website about events and things an I always throw that item in there about access to the documents. People have more excuses to be irresponsible than grains of sand on the beach.

I believe in every state, the HOA Declaration is required by law to be recorded in the county, among county land use documents, where the HOA is located. Often all the governing documents must be so recorded. Declarations typically refer to additional rules & regulations that a board may implement. Nationwide state courts have ruled that this is legal notice to HOA members. Also many states now have statutes requiring submission of the governing documents to prospective HOA members prior to purchasing a home or at the closing.

I think the approach a HOA board should take with members is to point out that it is providing notice of the violation first, and a penalty will follow only if the violation is not eliminated within so many days. If the HOA's governing documents state that the offender should be offered a hearing, then this should be in the notice as well. Even if your governing documents do not specify all this, HOA attorneys and corporate attorneys typically advise such an approach to ensure 'due process.' This approach also helps ensure the HOA is on the good side of any judge, in the event the episode lands in litigation.

I know exactly where you are coming from, and by the way I have never lost a wink because of these morons. Thanks for the good conversation.

Covenants, Conditions, and Restrictions are public documents on record.

By-Laws are corporate docs which 'may', or may not, be recorded - however, bylaws merely govern the corporate operation.

Rules and regulations, however, are INTERNAL and change from time to time or even Board to Board.

Said rules and regulations, unless PUBLISHED to a new member may remain 'hidden' to said member even if they actually were duly diligent at the time of purchase.

It would be prudent to give a new member ALL documents and have them SIGN for same.

blah blah blah

At closing, they sign an acknowledgement that they're aware of the HOA and that it has deed restrictions and whatnot. It is 100% on the owner to seek out that information. If they're not so bright, they seek it out after signing those documents.

You do not necessarily sign a piece of paper. So if you go looking you may not find anything. Sorry. In many states there are laws that says the seller must present the CC&R's, Articles of Incorporation, by-laws and/or ACC information. If that is not the case, then it is viewed as the "Owner's responsibility to be informed". The documents of CC&R's and Articles of Incorporation are considered PUBLIC documents. They should be on record at your local court house or at the state level for the Articles. By-laws/ACC documents are HOA internal documents. They are not required to be filed. Sometimes you get lucky and the by-laws and CC&R's are together.

Now there can be an issue with foreclosed property. Since there is no "seller" the new owner may not get a copy. That does not exclude them or anyone else from following the rules. Since the documents are considered PUBLIC, then it's viewed as responsibility of the new homeowner.

BTW: You have to keep in mind that someone is NOT an HOA member until they purchase the property. That means a potential buyer does not necessarily have the rights to view HOA internal documents. It's viewed more of a "courtesy" if the HOA wants to provide any information about themselves. Some HOA's are more open than others. That doesn't make the HOA responsible beyond the law.

ABSOLUTELY WRONG

You NECESSARILY sign the deed itself which contains something akin to: '...and all easements and Restrictions of record...'.

Melissa, Melissa, Melissa, what are we to do with you?

Not being informed about the rules is not an excuse for homeowners who have violated them because these rules have been posted on the website for them to read and understand the limitations of their actions. "Ignorantia legis neminem excusat" or simply putt, "Ignorance of the law excuses no one".

All homeowners are aware that all the documents pertaining to the HOA are posted on the HOA website.

Whenever we write up the violations we reference from the documents where it is. We will write in there what section and article to find it. This usually opens up the discussion about the rules. If they don't have them, then we will inform them of where to get a copy. Due to expenses, we may provide a copy by CD or paper at a cost.

I find if you put it in black and white and where to find the reference, most become compliant. We of course did not issue fines for violations. However, IF your HOA does this practice, it's also advisable to provide a fining schedule. Members are to have a copy of this anyways.

What if the violator is The President and Chairman of the Board in a small (10 unit) condominium complex?

What if the violator is The President and Chairman of the Board in a small (10 unit) condominium complex?

"Posted By JonD1: Don't lose any sleep over these folks who live their lives full of excuses for their behavior. Every property has them. Ignorance is not a defense for poor or prohibited behavior. And if they believe that is so they will have a long hard life doing as they please and finding out that behavior is unacceptable. Sadly, in today's world many people only offer excuses and explanations and NEVER exhibit their ability to take responsibility. Makes for a tough job educating, reminding, and explaining in life there are rules and most of them are simply the use of common sense with a bit of regard for the other people who happen to live in the world too. Continue to do what you do and understand there is no real cure for ignorant. Or lazy."

IMHO this is good, simple, and sound advice. I am currently in my 9th year as an HOA President of a 32-unit townhome development; and as I've often said, "the problems (of HOA management) never change, only the name and faces."

Here in Pennsylvania, all unit sales require that the HOA provide a Certificate of Resale to the buyer's agent prior to closing. We never provide that until we have been provided with the name and full active contact information for the prospective buyers; and we always provide them with a detailed welcome kit including a copy of our Bylaws and CC&Rs.

Then, if they or their tenants violate any portion of the Bylaws, they receive a confirmed delivery email notice of the violation, and the requested cure. Almost all residents have completed whatever cure has been required - but the few who did not received a phone call and then if still required, a face-to-face visit from the HOA.

For 9 years we have had 100% compliance with our Bylaws.