[beach43ofus]

I think many of us could tell some HOA horror story's. Anytime a few people have control over a lot of people, bad things happen. It's nearly impossible to make everyone happy.

[heatherRoberts]

If a buyer has contracted to purchase a house within an HOA, with a stated contingency of the inspection of key records, and the SELLER refused (or the RE agent was refused that reasonable request), that purchaser's attorney would sue the pants off of you, in Florida.


The original owner/seller has access to all legitimately requested documents, and must provide access to read them or provide a copy.

[Gulf coast jon]

Originally Posted by heatherRoberts

If a buyer has contracted to purchase a house within an HOA, with a stated contingency of the inspection of key records, and the SELLER refused (or the RE agent was refused that reasonable request), that purchaser's attorney would sue the pants off of you, in Florida.


The original owner/seller has access to all legitimately requested documents, and must provide access to read them or provide a copy.

I was going to leave the discussion alone. But yes, the owners in Florida Associations have rights to the minutes and can disseminate as they please. As a prospective buyer, I didn't have any problem getting access to meeting minutes from listing agents.

[macrodome2]

Originally Posted by heatherRoberts

If a buyer has contracted to purchase a house within an HOA, with a stated contingency of the inspection of key records, and the SELLER refused (or the RE agent was refused that reasonable request), that purchaser's attorney would sue the pants off of you, in Florida.


The original owner/seller has access to all legitimately requested documents, and must provide access to read them or provide a copy.

Your scenario is different from going directly to the HOA to request the documents. Post #52 claimed that anybody (whether they owned property in the community or not) was legally entitled to get the documents directly from the HOA. That is incorrect.

However, the owner of the property can give the prospective buyer whatever they want. I stated that those records are not "public". The HOA is not legally bound to turn them over to anyone other than property owners. Sue away.

[beach43ofus]

I never gave minutes directly to Realtors. I refused outright and asked then to have a HOA member contact me.

[NorthofHere]

Originally Posted by GreggT

That is not exactly how it works. The past due HOA fees, penalties etc. come out of the purchase price at the time of sale. I feel like you did not get the correct story.
You are correct though, if the house is going to sell, the past dues will be paid.

And yes, you are correct in that it will be the bank who will pay the HOA fee out of their take of the sale price. It doesn't affect the sale price the buyer pays. All past due items need to be paid affecting a sale and it is the seller who pays, usually, unless the buyer agrees to pay because the seller is under water on the sale. So if taxes and other liens (which HOA fees are included in this) are due then they have to be settled up at closing.

[NorthofHere]

Originally Posted by IC_deLight

My response was to the OP, not to you. Your post #9 is completely irrelevant and hardly negates the negative experiences of a much larger number of people. You sound much like an HOA board member trying to justify an HOA to preserve a position of control over all your neighbors. If HOAs were so great for the non-board members you wouldn't have to be so defensive about them.

Think about what you are saying. Because a lot of people complain does not equate to it being a large number of HOA homeowners having a problem. If you have an issue with anything be it a restaurant, store, hotel or HOA you are more likely to voice your opinion than someone who hasn't had any issues with the same restaurant, store, hotel or different HOA. While someones good experiences with HOA's doesn't negate someone's bad experiences the same holds true that someone's bad experiences do not negate others good experiences. Every HOA is different and one needs to do due diligence in finding out what kind they are thinking of buying into. HOA's have a purpose. In my case the main one takes care of the roads, drainage, public areas while my smaller one takes care of our building roofs, outside, insurance on the building to the walls, lawn care etc etc. In Florida, it is almost a necessity to have an HOA because many are snowbirds who want a nice lock them and leave them home. People need to remember and HOA is you the homeowner, the board is just elected individuals who make sure everyone is abiding by the rules. Read the rules before buying. If you can't abide them, they don't purchase. If the majority of the homeowners don't like a rule then they can request it be changed. HOA's aren't a dictatorship but they do require involvement of all the homeowners so that a few aren't making the rules for all.

[movingvanmorrison]

Originally Posted by Hammocks Bum

I have lived in 2 different Areas of Miami for the last 30 yrs and both times under HOA's.

I have No Problems with them at all..Love that when there are common rules, they apply to all under the same banner.

I dont want a person moving next to me that wants to paint his residence purple, make noise at 2 AM, or change his transmission in his driveway and that chore takes a week.

Rebels cannot live under this environment, and that is great..Before you move into a regulated Area, read the rules before signing the dotted line. It's that simple and easy.

I have peace of Mind, Security and Uniformity and that to me it's worth it all.

I agree. I would like the protection of rules being enforced re noise. That would be worth it to me!
But I guess like someone else said "it depends on WHICH HOA" you belong to.
Some seem to not enforce rules at all:
//www.city-data.com/forum/house...ight-rude.html

[movingvanmorrison]

What I'm interested in is an HOA in Central Florida (not Orlando or adjacent) where they don't allow dogs. I hate noise and find that dogs (dog owners) are the worst noisemakers. I'd also want rules like no late night parties, no running of machines every day, that kind of thing.
Anyone know of such an HOA in Central FL or near Central FL that does have and does enforce those rules?

[IC_deLight]

Originally Posted by heatherRoberts

If a buyer has contracted to purchase a house within an HOA, with a stated contingency of the inspection of key records, and the SELLER refused (or the RE agent was refused that reasonable request), that purchaser's attorney would sue the pants off of you, in Florida.


The original owner/seller has access to all legitimately requested documents, and must provide access to read them or provide a copy.

There is absolutely no reason the documents can't be available to anyone that asks. The HOA should have to freely provide them.


When you say the "owner has access" what you really mean is that the management companies can jeopardize the sales contract by not providing them to owners. You also mean that the management companies can charge the owners ridiculous prices for provision of the documents - plus expedite and other fee pyramiding charges.