💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

MicheleS3 (Florida)
Posts: 30
Posted:
We have several homes for sale and / or rent within our community. We have restrictions violated, as does everyone else.

Here's my question; is it a good idea for the HOA to alert the various realtors of the for sale / rent properties of the existence of the HOA? I realize they should be aware of this when listing the property, but ignorance seems to be bliss. I'm thinking a short letter letting them know we are aware of their listing and reminding them of the HOA, maybe even providing a copy of the CCR's for their review. Just letting them know that the HOA does actively enforce any restriction violations and by providing a copy of these restrictions they are more knowledgable about the property they are representing.

Currently, we do provide a welcome letter to all new homeowners and that does include a copy of the CCR's. Maybe if potential homeowners / renters were aware of the restrictions prior to purchasing / renting it could stave off any future problems. Any thoughts or suggestions?
BrianB (California)
Posts: 2,820
Posted:
I wouldn't go so far as give copies of the CC&Rs (that can get expensive) but i think a nice letter with contact information, etc. is a nice idea.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Michelle,
Currently Florida Real Estate Law requires any and all prospective buyers to be given a copy of the CC&Rs for their review. They have 72 hours to review them and then decide IF they want to continue with the purchase or not. This is the law. When a seller goes to list the property, the listing agreement asks VERY SPECIFICALLY, "Is there a HOA, what are the fees and other pertinant questions to the HOA. So I would not bother with a letter unless you send it to the Realtors Association of your County's main office. They then do memos and have monthly sessions where they discuss any communications that they need be aware of.
PatrickH (California)
Posts: 204
Posted:
Hi Michelle,

I think Brian's idea makes sense. No need to send a big pile of documents to the listing broker, but an introduction letter explaining that the property they have for lease or sale is in an HOA with various rules and regulations is a pretty smart idea. A contact name and number to answer any questions about parking, pets, etc. is also helpful.

Most brokers would know when a property is in an HOA, but probably have no idea about the particular rules and regulations of every HOA in the area. Someone asks the broker if they can park their RV overnight in the street or if they can have their four pet dogs there and the broker has no idea.

By having someone to contact at the HOA or management company, it could prevent a lot of headaches further down the road.
BradP (Kansas)
Posts: 2,640
Posted:
Isn't that part of the sellers disclosure? Granted I haven't sold a ton of homes but the two I did asked that very question about whether there is an HOA and what are the dues. To me it is the realtor's job to be on top of this, the HOA shouldn't have to remind them.
RogerB (Colorado)
Posts: 5,067
Posted:
Michele, your idea may be applicable in your area but in Colorado any competent real estate broker know whether or not there is an HOA when they take a listing. The seller's agent may call us to confirm the amount of assessment and they do call to obtain all controlling docs, financials, minutes, and other info which has been authorized by the seller. We provide these documents by email either to the seller or the confirmed seller's agent. The buyer can legally backout of a signed contract if they don't like what they read in these documents.
RogerB (Colorado)
Posts: 5,067
Posted:
Forgot to mention that the controlling docs are also on website where any interested party can view and/or download. That includes the Declaration of CC&Rs, Ariticles of Incorporation, By-laws, all Rules and Regulations, and ARC form. Having this info on their HOA website is very helpful for home sales and saves time/expenses.
MicheleS3 (Florida)
Posts: 30
Posted:
Well, some good points!

Absolutely, a legimate realtor should certainly be aware of the existence of an HOA. And the docs are available online at the county website. Just thought a reminder letter to the realtor might make them realize the HOA knows what's going on!

We recently had a commercial vehicle violation, from a renter, and when the homeowner received the letter he actually wrote back saying due to the economy we should allow commercial vehicles. He said he was having a difficult time renting the house and his tenant was lucky to have a job. This particular property is managed by a realtor, so he should have been aware of the restrictions - and he may well be, but chose to ignore them.

Just trying to think of ways to circumvent any potential problems! Thanks for all the suggestions!
BrianB (California)
Posts: 2,820
Posted:
While i agree that realtors SHOULD know about an HOA in an area, I just bought a home in California and the realtor didn't know it was in an HOA until after the offer had been made.

I had specifically said (a dozen times): I don't even want to LOOK at a home in an HOA. and yet, there we were, in the middle of writing contracts, when it reared it's little HOA head.

So, it can happen, it shouldn't, and I think a nice letter of intro to the realtors ia a nice touch. It only costs 41 cents plus the paper, envelope, and ink.

RogerB (Colorado)
Posts: 5,067
Posted:
"It only costs 41 cents plus the paper, envelope, and ink."
I'd like to hire those who believe this. Your job can start with where to address the letters, type the letters, mail the letters, and handle the resulting phone calls. It is my understanding as your employer that you will do a good job at no pay and no benefits. Candidates wanting such a job please contact me

BTW, I also need you to purchase boxes each having 10 reams of paper because they are too heavy for this old man to lift When you are at the office supply store you may save time and gasoline by also purchasing the envelopes and ink; then purchase a few rolls of postage stamps. I will reimburse you monthly for the cost supplies of several hundred dollars. However, you must provide an adequate vehicle and its insurance, maintenance, and gasoline

Just using this to illustrate there is a lot more to any job than a casual observer thinks.
SusanW1 (Michigan)
Posts: 5,202
Posted:
We live in a private subdivision. Every time a home for sale sign goes up, we contact the realtor and remind them of the HOA and let them know if there are past due assessments against the home. Someone has to pay them - this could be a negotiation in the bid process between the seller and buyer. Sometimes the water is off and is not going to be turned back on until that bill is paid.
BrianB (California)
Posts: 2,820
Posted:
Quote:
Posted By RogerB on 04/17/2008 12:14 PM
"It only costs 41 cents plus the paper, envelope, and ink."
I'd like to hire those who believe this. Your job can start with where to address the letters, type the letters, mail the letters, and handle the resulting phone calls. It is my understanding as your employer that you will do a good job at no pay and no benefits. Candidates wanting such a job please contact me

BTW, I also need you to purchase boxes each having 10 reams of paper because they are too heavy for this old man to lift When you are at the office supply store you may save time and gasoline by also purchasing the envelopes and ink; then purchase a few rolls of postage stamps. I will reimburse you monthly for the cost supplies of several hundred dollars. However, you must provide an adequate vehicle and its insurance, maintenance, and gasoline

Just using this to illustrate there is a lot more to any job than a casual observer thinks.

Hey rog, I included the cost of the paper in my statement...
and, since the board can't get paid, yes, we do work for free... It costs nothing to gather an address, and typing is the cost of the ink and paper. So, 41 cents for postage, and the cost of the paper, ink, and envelope. Spit is free, or stamps come self sticking. Addresses are free for a simple walk and the cost of paper and ink to write down. Mailing costs nothing more than the stamps either... just drop in the box.

Heck, you never have to leave your house in many places: Post office delivers stamps, even stamped envelopes if you don't mind the extra price, Staples delivers paper, envelopes, ink, cartridges, etc., all for free if you use the right coupons. I don't see a whole lot of things you can do cheaper than create and send a letter, honestly.
YvonneA (Illinois)
Posts: 17
Posted:
Michele, You could just call the listing agent on the sign & tell them you are the President of the HOA or whatever position you have & ask if they are aware of certain rules, etc... Most listings are online with email addresses to contact the agent and you could ask them to contact you. When one of our condos for sale has an open house, I walk over & meet the realtor & give them my name & # so they know who to call for the required documents.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Sorry, Brian, " and, since the board can't get paid, yes, we do work for free..."

We may "work for free," but everything we do has some value, and has an expense in time and materials attached to it regardless of whether we "get paid" or not.

So, Roger is correct, it is a great deal more involved than $.41, some paper, and an envelope.

I'm not saying not to do it, but the HOA is not running a free admin support satellite office for realtors, either.

If some boards do not want to add this "free (yet not really "free") service" to their job description, I wouldn't necessarily blame them.

To trivialize adding a new process such as this, monitoring, tracking, following up and providing materials (at less than cost), by saying it's just $.41 and a few pieces of paper, as though it were a one-time shot or single unrepeating event isn't quite fair.

BrianB (California)
Posts: 2,820
Posted:
i guess it comes to our experiences and backgrounds. prepping a letter on Word, and printing 10 copies to have around isn't so tough for me. A box of envelopes and a google search for the realtor when i see a new sign isn't too hard either.. i would probably do it at work, or while i waited for one of my tabs to open. I tend to have 10 web pages open at a time, and tab between them. So, not a big deal for me to pop it into an envelope, address it while i waited for HOATALK to load, and drop it into the mail at work the next day.

Of course, I was dealing with 40 homes, no more than 4 sales at any time, and only a dozen realtors probably. I can see that this would be much larger and more difficult for those with 600 homes, etc.. I could see any new homes for sale simply by driving home.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Exactly.

My point is that in neighborhoods that involve as many as 9 different sections, and sometimes even are split into 2 different zip codes, it would really require a setup whereby a process would need to be developed to make sure that a "system" were in place to hand over to an incoming board member when whoever it was that was "keeping track" leaves the board and moves on.

For example, we have 300 homes here. We cover a fairly large area and there are 5 different main streets by which someone would enter and leave the subdivision, depending on where they happened to be going for the day. I pretty much only cross 2 streets. So someone would have to institute a weekly drive through, probably at a minimum now that the warmer weather is here. Then they would have to log and keep track of not only the ones that are currently up for sale, those that got letters already, those who haven't yet, and then some sort of checklist for any that appear to have sold.

But that's still somewhat doable, just not a quick $.41 and a few pieces of paper.

In the subdivision next to us there are 600 homes. Lots more streets to monitor. I sure wouldn't want to be the one to have that job.

And, again, even though we "work for free" our time investment is worth something, and, very often, has be be borrowed or stolen from somewhere else in order to do the tedious, repetitive, but still critical portions of our "volunteer" commitment.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here