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Started by FrancescaG • 5 replies • 1174 views

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FrancescaG (Washington)
Posts: 1

Posted:

I purchased my house with no HOA disclosure or information. I have paid my dues. My question is what to do if I see my dues going noplace. My cars have been broken into a number of times and my neighbors are constantly loud domestic violent loud, and have yards not taken care of ever. Im confused as to what this money is going to? We live on a dead end road.

MarkM31 (Washington)
Posts: 494

Posted:

The CC&Rs should have been given to you prior to closing, they are a legal attachment to the title. You may want to call the title company and ask.

Who do you write the checks to? Getting the documents in your hand will answer the question of just what the scope and authority of the HOA exactly is.

Car prowls are not a HOA issue, and unless you unknown CC&Rs address noise and HO maintenance, the other issues are just the way the cookie crumbles.

http://app.leg.wa.gov/RCW/default.aspx?cite=64.06.020

The disclosure should have indicated that there was an "association" present {Part6(A)], at which point you should have insisted on receiving these documents to the popint of backing out of the deal if need be.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It is looked as it is the buyer's responsibility to be informed. Many states do require the seller to turn over CC&R's, Articles of Incorporation, and By-laws. (ACC if you have them). However, in those states that do not have that law or a foreclosure purchase, then the buyer is responsible for getting a copy. The CC&R's and Article of Incorporation are considered PUBLIC documents. They are available at the courthouse for the CC&R's. Articles of Incorporation may be available online at the STATE level. By-laws are internal HOA documents which are not required to be filed but often found with the CC&R's.

Sorry not what you want to hear. However, in the end most states do not give you recourse against the HOA, Realtor, lawyer, or mortgage companies for not providing these documents. Hence why they are considered PUBLIC property...

As for the other issues, some of those are NOT HOA. Loud noises or break ins? Call the police. The HOA would do the same. Don't like the way the place looks? Who says you can't participate to clean up? Want to know what is going on and where the money is spent? Attend a meeting if available.

A HOA does NOT provide a "Globe of protection" around your home. It provides for those amenities and expenses involved in being an owner/member in the HOA. If your HOA has a pool, then your dues goes toward pool care. Don't have a pool or amenities? It may go to the roads.. If not, then it may go to paying the taxes. The money is collected to cover the HOA's cost NOT to make a profit. You have a right to know where it's going so go find out.

Former HOA President

DouglasK1 (Florida)
Posts: 2,046

Posted:

If you want to know where the money is going, ask to see the budget. That won't tell you for sure what funds are spent on, but should give you an idea what the association plans to spend money on. Ideally, the association should send a copy to all owners annually, but I'm sure many don't.

Beyond that, the association has certain responsibilities as defined in your governing documents. Unless your docs say otherwise, the association typically does not deal with crime, such as car break-ins, that's a police matter. Your dues would have to be pretty high to include policing as an HOA function.

Do you attend HOA meetings? Vote at the annual meeting? If not, those are things you probably should do, and even consider running for a position on the board. The board is generally just neighbors volunteering their time to manage the association, the more people willing to be involved, the easier the load is on everybody.

Escaped former treasurer and director of a self managed association.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Francesca,

Keep in mind that the Associations responsibility is, typically, to simply maintain the common area. They are not the police and normally do not provide any security (unless it's a gated community).

Just as the Association has the authority to enforce the covenants, you also have the authority to enforce the covenants (which is done through the courts).

As for the loud domestic violence - contact the police and record it when possible to aid the police

As for the unkempt yards - if the grass is high enough (typically over a foot) the County will take action if a complaint is made to them.

As for the vehicle damage - contact the police, consider a security camera (which may help the police), practice safe security by taking valuables into the house or having them out of sight when you park and lock your vehicle.

As for where the money is going - contact the Association and ask for a copy of the budget along with what the delinquency rate is (late payers). If there is a high delinquency rate, this may explain why things are not getting done as fast as you would like.

Question:

Is you association under control of the membership or the developer?

LetA (Nevada)
Posts: 2,679

Posted:

I don't mean to sound snooty, but if you don't want your cars broken into, clean out your garage and park you
cars inside the garage.. That is the same advice that my HOA gives. The CC&R's state no on street parking, but
the BOD does not want to enforce this covenant and there are people that show up or email the MC complaining
when they experience a break-in.

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