Oak Creek RR Are HOA documents top secret? (Austin, Round Rock: attorney, house)

[three_fish]

Wish my agent here in N.J. could tapdance and juggle... Heck... I'd be happy if she could just get a viewing scheduled correctly.

[TexasHorseLady]

Well, we do our best! Putting my schedule together this week to accommodate the needs of all the buyers/sellers that need stuff done was sort of like putting a puzzle together (this morning is the time spent on the computer doing all the "paperwork" and reading the inspection report from yesterday so I can meet with the buyer and getting the listings out to the buyers who'll be flying in from out of state on Thursday, etc.)

Now, if everything just goes the way I've planned for it to . . . (stop laughing, y'all, it's not nice!).

[austin-steve]

Well, all this said, I've never had a buyer terminate a deal after reading the HOA docs. It's never happened, not even once.

But if a buyer tells me she has 6 cats, we know to check that out first. I've heard of problems with other agents and their buyers not knowing, for example, that a trailer or boat can't be kept at the property. But in all those cases, they didn't read the HOA docs.

steve

[shaxs]

Originally Posted by austin-steve

In this case, the buyer would NOT want to make an offer, as you say. I think I mentioned that in the answer. The pet issue would need to be cleared up first. For people without special situations, they may still want to read the HOA rules first, but they are mostly the same boilerplate among different communities.

The HOA has a business to run and they can't simply respond to and provide free HOA docs to every random person who asks. I do think the the basic rules and regs should be online though, for this very reason.

Steve

Then they should put then in PDF form on the site for anyone to look at. If I got this response, I would tell them they can put the CCNR's where the sun dont shine and refuse to look at a house there again. That is just silly to tell someone that.

Before I make an offer anywhere I would want to see the HOA rules. Even if I dont have a specific rule in mind, I want to see them before I spent time and money starting the process to buy a house there.

[Megan1967]

Thanks all, esp Jenbar. I had already checked the RR pet limits, but HOA's have their own rules. Most of the ones I've read do not specify a specific number of pets of any breed, just that you can't have a breeding program or farm animals.

I will see what my agent says and probably contact the listing agent. It's just that I only have a short time down there and I don't want to waste my time looking at houses I can't make an offer on. How annoying!

[Megan1967]

Oh, and I almost forgot... I went over Austin's ordinance and couldn't find a pet limit, just the typical no dogs on chains, all pets under control of the owner at all times, etc Glad you brought it up THL as I totally missed that. Is it possible it has changed? I even called the humane society to check so I'm hoping it has.

[austifornian]

This is exactly the case, it costs money to provide this service. Having the HOA rules posted on the website is a good compromise, but, there is not guarantee implied that it is accurate (different phases of a development can have different rules). What the HOA provides the title company with are the rules that apply to that parcel. The buyer is given significant time in the contract to review the HOA and back out if the HOA rules are unacceptable.

It is also a good idea to get a copy of their annual report and talk to a couple of the directors.

[Megan1967]

I guess I understand why the cost might be an issue (although other HOA's have just faxed me a copy).

I did write back to see if the person who wrote to me could at least tell me the pet restrictions and explained why I was asking. I've yet to hear anything back....

[IC_deLight]

Originally Posted by Megan1967

I am interested in looking at a house in Oak Creek and I wrote to ask to see a copy of the rules and regulations for the HOA and got this response:



I don't have time to waste looking at houses I could never buy (I have 6 cats and a dog) so I really need to know this prior to planning my house hunting trip.

Anyone in Oak Creek willing to risk telling me what the pet restrictions are? Sheez....

This is another Alliance Association Management "community". You don't need another reason to avoid this place like the plague.

Why not ask whether they have implemented Alliance's "priority of payment" resolution in that subdivision and what their fining policy is? The way this works is your assessment payment is re-characterized to be applied to management company fees, collection fees, and fines prior to being applied to your assessment.

By this method, the management company extracts money from you under threat of foreclosure on your house. The management company will rove the neighborhood proclaiming residents to be in violation of restrictive covenants. No right to confront the "witness", no due process, no equal protection, no lawful tribunal, and no courtroom. Pay up or lose your home. It's quite a racket.

Looks like the HOA is requiring homeowners to utilize the Alliance website. In order to submit anything via the Alliance website, you will have to agree to their "terms of service" and "privacy" policy. The "privacy" policy is more aptly titled a "we can sell your information to third parties" policy. Were you aware of that?

In general information, residents are encouraged to report their neighbors. Hey, it's very lucrative for Alliance!

From personal experience, even when you try to leave, Alliance will demand fees at closing for things you never agreed to and are not authorized by the restrictive covenants. In fact, they will jeopardize closing to get the money from you. Prime examples are "transfer fees", "entry fees", resale certificate, etc.

The senator (Carona) that owns Alliance amended a bill that prohibited transfer fees and turned it into an enabling act to allow HOAs (actually his management company) to impose transfer fees and make them payable to the management company every time a house is sold. They won't hesitate to jeopardize closing on a house in order to extract money for worthless "services" you never agreed to, never wanted, and actually refute. Keep this in mind because you'll have to deal with it in the event you want to get out, too.

There is a Fox 7 On Your Side story about Carona and his management company's penchant for fining and the priority of payment scam. The news aired in November 2006. I've heard that it is on YouTube if you search for Carona and HOA.

If it's an "investment" then they should make the documents you requested available just as any entity is required to do with a prospectus. Even if they provide the documents you request, you have no assurance that they won't simply change the rules to your detriment after you move in.

Since you were smart enough to research and the HOA has refused a simple request for information about the property it is allegedly responsible for protecting, I think you have enough information to recognize that there are real problems with the part of the house that you can't see - the HOA. Think about what that means when you purchase and later want or need to sell. Is the HOA really helping you or hurting you? Is the HOA an asset or only a liability? What will life be like when you open the mailbox and receive "Notice of Violation" letters from Alliance Association Management claiming that it was "reported or observed that [fill in the blank]", etc. I'm really curious as to whether they are concealing the priority of payment scam from prospective purchasers. Avoid the place like the plague lest you too become a victim!

[IC_deLight]

Originally Posted by shaxs

Then they should put then in PDF form on the site for anyone to look at. If I got this response, I would tell them they can put the CCNR's where the sun dont shine and refuse to look at a house there again. That is just silly to tell someone that.

Before I make an offer anywhere I would want to see the HOA rules. Even if I dont have a specific rule in mind, I want to see them before I spent time and money starting the process to buy a house there.

Right you are! But keep in mind that it isn't the homeowner causing the problem. The HOA and its management company are the problem. The homeowner has zero control. The owner is simply stuck trying to escape. What purchaser would want to be in the same situation? The HOA is nothing but a liability and a mechanism for sucking money out of the homeowners in there for the benefit of the vendors. The primary beneficiary is the management company.