StephanieN (Florida)
Posts: 3
Posts: 3
Posted:
Our HOA is in FL and we are never notified when a new owner moves in. Who do I talk to or how do I set it up so we are informed when we have a new owner? Thanks!
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Started by StephanieN • 14 replies • 1662 views
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PeterB1 (Florida)
Posts: 257
Posts: 257
Posted:
I think that if you are a corporation in Florida, you are required to have a registered agent.
We have designated our CPA firm as our registered agent. Any transactions (real estate transfers, foreclosures, etc)that would affect the HOA are reported to the firm - they notify us). So, we are notified of all sales prior to closing.
Do a Google search on 'florida registered agent' and also visit sunbiz.org for more info.
We have designated our CPA firm as our registered agent. Any transactions (real estate transfers, foreclosures, etc)that would affect the HOA are reported to the firm - they notify us). So, we are notified of all sales prior to closing.
Do a Google search on 'florida registered agent' and also visit sunbiz.org for more info.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Stephanie,
Whenever a sale goes into closing, the owners are aware that a HOA exists and all payments due to the HOA are on the closing statement. That is when the sellers have to make payment on anything due.
Prior to that, the closing office has contacted someone to find out what needs to be cleared up. In our case, the Management company, who takes in the dues has a closing statement. So that means, either a management company, the registered agent for the corp or a lending institution who will also set up escrows for these payments, knows who is purchasing a property. As your corporation is, someone needs to find out who has signed a final statement to purchase and who should be responsible to find this out.
StephanieN (Florida)
Posts: 3
Posts: 3
Posted:
Thank you both for your replies. Our registered agent is the president. I'm not sure if it's a communication problem, but he doesn't seem to be getting that info. Maybe we just haven't had anything sell in the past 5 months. I'm in Florida, so I guess it's possible. Either way thank you so much for the information. You've made my job on the welcoming committee easier.
-Stephanie
-Stephanie
PeterB1 (Florida)
Posts: 257
Posts: 257
Posted:
Donna,
Our process has worked well and the closing agent has always contacted our Registered Agent.
BUT... What if someone had a lien on his property and wanted to avoid letting our agent know of the sale. Is there a Florida statute that requires notification? What if the closing agent deliberately hid the sale?
Thanks.
Our process has worked well and the closing agent has always contacted our Registered Agent.
BUT... What if someone had a lien on his property and wanted to avoid letting our agent know of the sale. Is there a Florida statute that requires notification? What if the closing agent deliberately hid the sale?
Thanks.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Peter,
Yes there are laws concerning real estate disclosure. Not under any HOA statutes but under real estate stuff. If the closing agent hid any liens, that is illegal and they could be held responsible. That is why I am a huge fan of Title Insurance, where at least you can be protected--if that is done correctly.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
In AZ a corp is required to have a registered agent also, however, I know the registered agent in an HOA is not informed of home sales -- my husband was Pres and the registered agent of our former HOA. However, the title agent should contact the HOA to obtain necessary info to transmit to the buyer. But none of this disclosure has anything to do with notifying the residents of a new owner. If the community has a newsletter, new owners can be welcomed there. But, I don't think it prudent to send a letter to each h/o everytime a new owner moves in. In a large assn, especially, that certainly would not be very cost effective. There are 1,710 homes in my HOA and I certainly would think our board members had lost their minds if I received a letter each time a new member moved in.
EllenS1 (Florida)
Posts: 1,148
Posts: 1,148
Posted:
Stephanie,
Prior to closing the management company is notified to see if assessments are paid. We asked our PM to let us know when a property was about to change hands but it never happened. Of course, they don't do a lot of things they are supposed to do so hopefully they will be gone soon.
Prior to closing the management company is notified to see if assessments are paid. We asked our PM to let us know when a property was about to change hands but it never happened. Of course, they don't do a lot of things they are supposed to do so hopefully they will be gone soon.
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
Here is the procedure we use regarding home sales and new owners:
1) Required HOA documents are provided to seller or seller's agent upon request to give to a prospective buyer;
2) Prior to purchase the title company contacts us (the registered agent) for a status letter;
3) We provide a status letter to the title company which states the amount of money to collect at the closing (title transfer) and any other pertinent information, such as an outstanding Covenant violation;
4) Upon movein the new owner is personally welcomed and provided a new owner package;
5) The next newsletter includes information about the new owner;
6) The Management Report provided at the next Board meeting includes the new owner's name and address.
1) Required HOA documents are provided to seller or seller's agent upon request to give to a prospective buyer;
2) Prior to purchase the title company contacts us (the registered agent) for a status letter;
3) We provide a status letter to the title company which states the amount of money to collect at the closing (title transfer) and any other pertinent information, such as an outstanding Covenant violation;
4) Upon movein the new owner is personally welcomed and provided a new owner package;
5) The next newsletter includes information about the new owner;
6) The Management Report provided at the next Board meeting includes the new owner's name and address.
EverettC (Maryland)
Posts: 90
Posts: 90
Posted:
Stephanie,
In some localities, the local newspaper publishes real estate transactions (in our locality, in Metro DC, they are published weekly, about 4-6 months after the deed is recorded).
In addition, in some localities, the land records are accessible online (sometimes indirectly through the tax assessors office, sometimes trhough the recorder of deeds). Depending on the size of your community, that may or may nto be feasible. Our community has 582 lots, and I check periodically but records are available through the Maryland State Department of Assessments and Taxation and are indexed by street, making it easier to do than checking out 582 names or addresses.
The closing agents/title companies should contact the HOA to determine the status of the HOA lien, but that is not always done, especially with resale of foreclosures.
In some localities, the local newspaper publishes real estate transactions (in our locality, in Metro DC, they are published weekly, about 4-6 months after the deed is recorded).
In addition, in some localities, the land records are accessible online (sometimes indirectly through the tax assessors office, sometimes trhough the recorder of deeds). Depending on the size of your community, that may or may nto be feasible. Our community has 582 lots, and I check periodically but records are available through the Maryland State Department of Assessments and Taxation and are indexed by street, making it easier to do than checking out 582 names or addresses.
The closing agents/title companies should contact the HOA to determine the status of the HOA lien, but that is not always done, especially with resale of foreclosures.
GloriaM (North Carolina)
Posts: 829
Posts: 829
Posted:
Stephanie:
Why not join the Welcoming Committee? This way you will know first hand who is new and you can welcome them to your community, giving them a basket with the rules, CCR's, policies, coupons etc.
Why not join the Welcoming Committee? This way you will know first hand who is new and you can welcome them to your community, giving them a basket with the rules, CCR's, policies, coupons etc.
StephanieN (Florida)
Posts: 3
Posts: 3
Posted:
Again thank you all for your replies. We have never had a welcoming committee before and I am attempting to help set one up for our community. We have under 200 homes and no management company. I usually get the mail and have seen 2 estoppels come through in the past 6 months. Is that what I should expect for notification on every house that sells?
EllenS1 (Florida)
Posts: 1,148
Posts: 1,148
Posted:
Gloria,
This sounds great but we are dealing with a management company that does not let us know when a property is changing hands so we are left to watching for moving vans, etc. Change of properties can be shown in the public records but that is quite awhile after they move in. I don't know what large communities do but we have only 101 townhomes so we are lucky in that we usually know what is going on. I personally think welcoming a new neighbor face to face is great. They really seem to appreciate having contacts, etc, knowing who to call, etc. AND it is so much beter for them to know what is expected as an owner rather than receiving a cold violation notice down the road. We have asked current owners to let the board know when a new person is moving in but....too much trouble for them.
This sounds great but we are dealing with a management company that does not let us know when a property is changing hands so we are left to watching for moving vans, etc. Change of properties can be shown in the public records but that is quite awhile after they move in. I don't know what large communities do but we have only 101 townhomes so we are lucky in that we usually know what is going on. I personally think welcoming a new neighbor face to face is great. They really seem to appreciate having contacts, etc, knowing who to call, etc. AND it is so much beter for them to know what is expected as an owner rather than receiving a cold violation notice down the road. We have asked current owners to let the board know when a new person is moving in but....too much trouble for them.
EllenS1 (Florida)
Posts: 1,148
Posts: 1,148
Posted:
Stephanie,
You are doing the right thing. I suppose the estoppels will work. In my opinon, it not only makes for a feeling of being welcome but would avoid future problems. A lot of animosity between the board and members could be avoided if every hoa did this. Good luck!
You are doing the right thing. I suppose the estoppels will work. In my opinon, it not only makes for a feeling of being welcome but would avoid future problems. A lot of animosity between the board and members could be avoided if every hoa did this. Good luck!
EllenS1 (Florida)
Posts: 1,148
Posts: 1,148
Posted:
Peter,
I can't imagine any attorney or title company not checking into the status of assessments prior to a closing. I doubt they would try to hide anything that would affect clear title to the property.
I can't imagine any attorney or title company not checking into the status of assessments prior to a closing. I doubt they would try to hide anything that would affect clear title to the property.
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