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Old 07-28-2009, 09:27 AM
 
1,645 posts, read 2,899,802 times
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I thought I'd ask here as well as in the AL section.

What are the HOA doc disclosure laws here? In NoVA, we saw the docs and signed on them BEFORE we closed. To date, I have not received any docs, didn't sign any docs, and now I am told that the HOA covenant docs held by the declarant/developer are legally binding.

How can this be? I know that AL does not have a real estate disclosure law in place to protect buyers. But is this also the case for HOA documentation?

Any insight would be greatly appreciated.
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Old 07-28-2009, 10:12 AM
 
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Same here, and we've been in this house for over 7 months.

Back in California, we receive TONS of disclosures, HOA CC&Rs, buget, plan, etc. Here, nada, zip, nein, zero, documentations.
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Old 07-28-2009, 12:14 PM
 
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You bring up good points. Have you contacted the developer to obtian the documents? I think you can also go to the courthouse and obtain them. My understanding is, you must be told their is an HOA and what the fees are prior to closing. Not sure about the docs themselves but one would think those would be in hand. Talk to a neighbor see if they have the docs.

You should have an HOA President, this is nornally the developer for the first year or two once the developer turns over the site to the city/county, then the HOA leadership reverts to the residents.

AL is very different when it comes to protection of home buyers, real loose legislation here. This said, the state does on many occasion back the buyer.
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Old 07-28-2009, 06:38 PM
 
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We just bought a new home and one of the requirements in obtaining the VA loan through our mortgage company was to submit a copy of the HOA rules and agreement. Since we purchased from an existing homeowner, we just obtained a copy of the rules via our subdivision website. They are published for all to view.
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Old 07-28-2009, 08:40 PM
 
1,645 posts, read 2,899,802 times
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The issue isn't that they don't exist. The do so online. But we never saw them before we closed andthe developer posted them online months later. Now the issue is the developer is holding those docs as legally binding which forces a standoff on full transfer to our elected Board. The declarant is clai
ing a legally binding contract by his signature but I never signed an agree
entwithhim. Neither did the other homeowners. So my question is how is this legally binding or emforceable by the declarant/ developer/ builder??
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Old 07-28-2009, 09:15 PM
 
79 posts, read 118,072 times
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I think this question is for an attorney. Might be worth the funds to check it out.
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Old 07-29-2009, 12:35 AM
 
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According to our HOA Pres., when we signed the contract for the house, we agreed to abide by the covenants, though I had not seen them at that time. I am reviewing the contract again. Bottom line, my feeling is that the developer is counting on people being in a hurry, relocations, to prevent real knowledge from coming to the table. I seriously doubt anyone has time to look through the docs at time of closing, and during a movein? I was too busy getting utilities started, unpacking boxes, coordinating schools and info to hunt down a website and print out the documents that were not, at the time, easy to access.

But again the developer is probably counting on that process to help him. I wouldn't mind except that most other developers turn over the declarant rights at transfer time to the BOARD/Community. I knew this company was difficult to deal with after move in, but I still chose to buy the house because I love it, the community and the schools.

I don't love this -- at all --

Last edited by ionlife; 07-29-2009 at 01:16 AM..
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Old 07-29-2009, 12:39 AM
 
1,645 posts, read 2,899,802 times
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Quote:
Originally Posted by CFOTOCEO View Post
I think this question is for an attorney. Might be worth the funds to check it out.
Our board has an attorney--they are trying to change this--but it's not easy. But then nothing worth having comes easy.
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Old 07-29-2009, 01:18 AM
 
1,645 posts, read 2,899,802 times
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Quote:
Originally Posted by CFOTOCEO View Post
You bring up good points. Have you contacted the developer to obtian the documents? I think you can also go to the courthouse and obtain them. My understanding is, you must be told their is an HOA and what the fees are prior to closing. Not sure about the docs themselves but one would think those would be in hand. Talk to a neighbor see if they have the docs.

You should have an HOA President, this is nornally the developer for the first year or two once the developer turns over the site to the city/county, then the HOA leadership reverts to the residents.

AL is very different when it comes to protection of home buyers, real loose legislation here. This said, the state does on many occasion back the buyer.
BRAC and MDA are bringing lots of dollars here--hence increased home sales and stronger rebound from economic bust. But where that money goes can be influenced by word of mouth. Perhaps it's time to get the word out...
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Old 07-29-2009, 06:44 AM
 
852 posts, read 1,903,249 times
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Check out the Maryland Homeowners Association Act on Pages 10 and 11. We had to do one of these when we bought a house in Maryland in 1994.
http://www.johnandangelahomes.com/files/GiglioDisclosures.pdf (broken link)
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