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MiriamM (Florida)
Posts: 4
Posted:
I live in South Florida...I inherited a condo and having problems from selling due to the HOA..this is a 10 unit bldg, their are no by laws made.

How do you get to write these by laws needed by the bank..who does this, an attorney..the gentlemen in charge of the HOA have no idea what they are doing.

Does anyone know how to check to see if everything is in place to this HOA, what are if any other documents needed..I would like to sell this property and get rid of it..but the bank claims that this HOA is too weak..too much needed and they do not want to lend money to the buyer.

Help...Miriam
SusanW1 (Michigan)
Posts: 5,202
Posted:

How did you inherit this? There should have been paperwork with all the ownership documents telling you what you did get.

What is the name of it? Is is incorporated? How do you know it's not an apartment building? What do the other owners say?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Miriam,
There ARE Documents, including the Protective Covenants, Articles of Incorporation and Bylaws. If there is a HOA, there are all of these Documents on file either with the State of Florida in Tallahassee, under "Not For Profit Corps." Or the "Clerk of Circuit Courts" in your County will have them on file.

Now, I am finding what the Bank claims that the HOA is too weak? How the heck does the Bank know what the HOA is like? The Banks usually want a copy of the HOA documents when they are financing a unit within the HOA. Because you do not have Docs, they cannot make a judgement call on the loan. I would contact either the Board or Property manager because there ARE copies of the documents somewhere, you just don't have them. They should have been in the posession of the previous owner.
MiriamM (Florida)
Posts: 4
Posted:
The bank will not lend the money to the buyer...I have to check on the managers, see what they have...i inherited this condo, my mom bought it several years ago, lived in it...my sister lives in it, she had moved in with my mom before my mom's passing..but now I am having problems with the docs..I will be looking into this...I need to sell this property.

GlenL (Ohio)
Posts: 5,491
Posted:
Miriam the bank may not approve the loan for a number of reasons. The days of allowing loans to people that shouldn't qualify for one on over priced or mismanaged properties is hopefully over. Or the buyer simply didn't qualify for whatever reason and is giving you an excuse. Do you have an agent (who should be handling all of this) or are you trying to do this yourself? How about your sister is she interested in buying it?

Studies show that 5 out of 4 people have problems with fractions
SusanW1 (Michigan)
Posts: 5,202
Posted:
Her question was: "How do you get to write these by laws needed by the bank..who does this, an attorney..the gentlemen in charge of the HOA have no idea what they are doing."

Those bylaws have to exist for that HOA to exist. You need to dig deeper and find them. Ask the other homeowners! You cannot write these documents yourself! Find the secretary or president of the HOA and get your paperwork. The buyer will want it - the bank will require it.

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