How do prospective Buyers get a copy of the bylaws and declaration

Does anyone know if the bylaws and declaration for a condo is generally filed with a government agency?

Are these documents generally provided by the Association?

New at being the President of small, self-managed Condo. Our condo just was paid off by the mortgage company for back condo dues for one condo owner that was behind for 4 years on his common charges. He now refuses to pay for the most recent month as he put his condo on the market for sale. And he's now demanding that the Association fix a leak in his roof and provide the bylaws and declaration to prospective buyers. The only copy of the bylaws and declaration I have is what I received from my lawyer when I bought my condo. Being self managed, the Association really doesn't have a community copy stored anywhere. Just wondering if it is the obligation of the Association to provide these documents or if there is some government agency where these documents my be kept. I don't want to send this individual my personal copy. I am not sure where my lawyer obtain these documents either.

I don't know about CT either, but in CA it's the seller's responsibility. I'd advise the seller to get a copy of the convenants for his use. No e resin I can think of why you'd have to go to the trouble.

I imagine you have a copy of the bylaws, which you could copy & charge him for.

A potential buyer is NOT a member of the HOA. So the HOA does not owe a buyer documents. Most states view it as the "buyer's right to be informed" so they make the CC&R's and Articles of Incorporation PUBLIC documents available at your local county courthouse. The Articles of Incorporation are STATE level filed. By-laws/ACC documents are internal HOA documents. One should get those from the HOA once they are members.

Many states have it that the seller is to provide the documents at closing. Not every state does that. You should ask your Realtor if they can direct you to the resource for these documents. However, they are NOT responsible for providing them. Neither is your closing attorney, title people, or mortgage company. It's all on the buyer.

Do I like this? No. It's just that no one wants to take responsibility so they make the document PUBLIC.

As a management company, I set up web pages for all my clients. The governing documents are available to the general public. If an inquiry comes from the outside and they want to know the rules of the association beforehand, I point them in the right direction.

I would rather have an informed before they sign a purchase agreement and it is too late.

Melissa needs to stop with this buyer is not a member nonsense.

I have also asked this question, but got no response from anyone.

Everyone says there is a contract when you move into an HOA you have to abide by. I have asked for something in writing from this forum that people sign at closing acknowledging either an agreement or a contract.

So far, no response.

Richard that is because there is no such thing. It's deed restrictions. It's like the developer promises the city only 2000k square foot houses only. No trailers. The city can come in and remove that trailer because it violates the deed restrictions. However, no one actually signs a "contract". It's just you must comply to whatever deed restrictions are placed on that land.

I never said you can't read the documents or have them in your hands BEFORE closing! They are PUBLIC documents and it's on your schedule when you want to get them or ask for them. In the end it's YOUR responsibility to be informed of what your buying into by the time you sign at closing.

Where is it written anywhere you have to have the documents given to you in a certain time-line other than BY closing?

What planet are you living on. Name a city that enforces deed restrictions of a private corporation?

I do this for a living and I know the law. Cities enforce their municipal codes. I will use the city to enforce their codes before going after the homeowner on association rules. I have a situation right now where the CCRs restrict trailers in the community. I went to the City to try and remove a violating homeowner. We were told to pond sand, they do not enforce HOA restrictions unless first they violate city restrictions.

Is it 5 minutes or 3 days? Till you provide a time line it is still BY closing

I know you believe to provide just the minimum as required. I don't subscribe to that theory. I believe to provide the best available information as soon as possible to avoid issues in the future.

In Texas the seller has to provide a number of documents including a Resale Certificate when requested after the sales contract has been signed. Preparation of the package is generally performed by the PM, who charges the seller directly for the service.

The documents provided are virtually the same as those listed by GeorgeR8 in Arizona. The documents have to be provided to the buyer, generally through the title company (which performs the escrow type services I am familiar with from California) by a date certain prior to the close of escrow so questions can be asked and answered, issues addressed, etc. One of the items on the Resale Certificate addresses the question of compliance violations which may be present on the property, it has been our experience the title companies are insistent the violation be cured or satisfactorily addressed before closing can take place.

As others have stated, our company, and as individual property owners, we are all for this process. It eliminates surprises and provides an element of protection for everyone concerned. I suppose a seller could assert the requirements for disclosure could inhibit the sale of the property as the buyer might not wish to live in a POA with its rules. As a community manager with HOA and condo clients and as a property owner whose home is located in a HOA, the last thing I want to manage or have as a neighbor is a disgruntled owner who did not have the opportunity to fully understand what they were getting into when purchasing in a POA.

I agree. Being open nips a lot of problems in the bud.

Place a lien on the property and wait...

Jim

Regardless of his past, he is either current or not current with his dues. Treat him going forward as you would any fellow member.

With his past history of non-payment, I would not be the least bit lenient with him.

Is your community set up under CT's Common Interest Ownership Act? If so, many of the answers to your questions are part of that law. Your governing documents will also have the answers to many of your questions.

EllieD

Thanks, that is an important point. We are less than 12.