RubyW (Georgia)
Posts: 3
Posts: 3
Posted:
I am a new president of our small HOA. Can the HOA demand to see proof of ownership from new resident? need advice.
Thanks
Thanks
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Can HOA demand proof of ownership of new resident?
Started by RubyW • 6 replies • 1642 views
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BarbaraM7 (Virginia)
Posts: 86
Posts: 86
Posted:
Did your new resident get a disclosure packet before they moved in? The people who sold us their house had to pay the management company to provide us with a disclosure packet that has the Covenents, Conditions, and Rules with By-laws. They also provide the prespective owner with any information of any problems still existing on the property with the current owners. Once you agree to buy the house you are listed as the new owner.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Ruby,
If you have a M.C, they will ask for a copy of the deed because they will need the correct contact for billing purposes and especially if you allow rentals within your association members. Yes, all H.O.As get a copy of who owns the property but how you obtain it depends on who is doing your book keeping. If you cannot obtain it thru normal means then you can go to the web site for your Clerk of Circuit Court where all deeds are registered.
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
To all,
Unless it is strictly forbidden the association should have a copy of each deed, it can be returned upon sale, if it is changed the association should be notifed of the change. What should the association do with these deeds? In the event of a catastrophy and the association executors (representatives) will need this information. It is also imperative that the association keep accurate records of home addresses and e-mail addresses. It should be a requirement and if not make it a requirement. You can obtain records from the court house if the electricity is not out, only when the system is up.
I also believe it is a mistake to allow rentals without a lease agreement on file with the association. Acopy of a lease would be adequate. I have heard it said if you do this you make the association a party of the lease, I don't belive this, our association does not require it even though it states in the rental section that this is a requirement. They say it will be too much trouble for the manager and the folks that rent. It is a mistake on their part, I have written them and pointed this out. They refuse to demand it. They have been lucky so far and as soon as we change our board this will be instituted, if the board agrees, if not, I inform them they are making a mistake and ask again to follow the documents. If we run into trouble I hope my records don't get burned up as I am sure the Board will deny they were aware of the problem, but if they do, they will have to satisfy me.
Want to knopw why the Board don't want to follow this rule. Our association is 70% rentals, and they will be liable also, I believe.
In the meantime I make sure it makes the minutes each year and make a motion we adopt the required clause. It never makes it to a vote, just a discussion and then tabled.
Unless it is strictly forbidden the association should have a copy of each deed, it can be returned upon sale, if it is changed the association should be notifed of the change. What should the association do with these deeds? In the event of a catastrophy and the association executors (representatives) will need this information. It is also imperative that the association keep accurate records of home addresses and e-mail addresses. It should be a requirement and if not make it a requirement. You can obtain records from the court house if the electricity is not out, only when the system is up.
I also believe it is a mistake to allow rentals without a lease agreement on file with the association. Acopy of a lease would be adequate. I have heard it said if you do this you make the association a party of the lease, I don't belive this, our association does not require it even though it states in the rental section that this is a requirement. They say it will be too much trouble for the manager and the folks that rent. It is a mistake on their part, I have written them and pointed this out. They refuse to demand it. They have been lucky so far and as soon as we change our board this will be instituted, if the board agrees, if not, I inform them they are making a mistake and ask again to follow the documents. If we run into trouble I hope my records don't get burned up as I am sure the Board will deny they were aware of the problem, but if they do, they will have to satisfy me.
Want to knopw why the Board don't want to follow this rule. Our association is 70% rentals, and they will be liable also, I believe.
In the meantime I make sure it makes the minutes each year and make a motion we adopt the required clause. It never makes it to a vote, just a discussion and then tabled.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Hi Robert,
The association where I have a rental requires #1 Proof of ownership, #2 Proof of a required minimum amount of Insurance,(naming the assoc as co-insured) #3 Copy of any lease agreements including phone and other addresses of Tenant and because it is a 55+ community, #4 Proof of age, including drivers license numbers.
There is nothing wrong with an association knowing who they have to go to in the event of a catastrophic event. Because there is common shared elements, there has to be someone who can make judgement call in the event of 2 owners not agreeing on repairs that are owner responsibility and that entity is the Association.
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
Donna,
Man, you made my evening. I found someone that agrees with me. This seems so basic and full of logic, yet you have any number of folks that think this is not the association business.
Well now I am in a good mood to watch British Public Broadcasting and enjoy their string of sitcoms. The English seem to know how far they can go before it's not funny, and they talk about all the taboos. Very funny,
Man, you made my evening. I found someone that agrees with me. This seems so basic and full of logic, yet you have any number of folks that think this is not the association business.
Well now I am in a good mood to watch British Public Broadcasting and enjoy their string of sitcoms. The English seem to know how far they can go before it's not funny, and they talk about all the taboos. Very funny,
RubyW (Georgia)
Posts: 3
Posts: 3
Posted:
Thanks All, Your commenta were helpful.
Ruby W.
Ruby W.
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