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I'm under contract for a condo. I wasn't told I'd need to interview with the HOA until after going under contract. I'm curious what kind of questions HOA boards ask during these interviews and is there anything they're not allowed to ask?
I asked my agent about it a few times and all he says is "they won't ask you anything upsetting" which doesn't answer my question. Thanks!
What state are you in? I have been a member of an HOA townhouse board in California for almost 11 years now and we have never interviewed anyone who is in escrow to purchase one of the units. That seems totally bizarre to me. Obviously practices and customs are different in different places. The governing laws are different too.
I'm in southern NY. I don't know much about HOA here so I don't really understand what the interview is for but no one really explained it. My lawyer said the board wants to know I can make the payments which is why they need the commitment letter from my lender. But if that's all they need I don't get why I need to be interviewed personally.
I'm on the board of a HOA in Florida, never heard of this kind of request and quite frankly we are just happy when someone new buys one of our properties as they are most likely going to pay their dues on a timely basis.
I think I would interview some other owners to find out more about this HOA as they almost sound like one of those nightmares that try to control every aspect of your life.
In our area, most HOAs do not have an application process of any kind but every condo association does. For the HOAs that do require an application, it is usually the ones where the HOA is responsible for common roofs. It's not so odd, really. In a condo or coop situation, you are essentially becoming a co-owner. Would you go into business with someone you've never talked to or without having any information on their financial status or criminal background? Of course not. If you don't already realize it, you better understand that buying a condo is very much like throwing your money in a pot with a bunch of others and, if your partners are unreliable, you are going to have to throw more of your money in the pot to cover for your bad partners.
I haven't seen an interview process done here but I've heard of the practice. For my condo, we have an application and we do a credit history and criminal background check.
Thanks everyone! I know condos include common areas and common financial responsibilities (though I don't know if I'm using the terms HOA and condo association right). My concern is the nature of the interview.
I have no problem with them checking my financials since my ability to pay for the property will affect the other properties and a background check is standard with almost everything these days anyway, but neither requires an in-person interview.
I wouldn't go into business with someone without talking to them if I'd be dealing with them on a personal level on a regular basis. I'd want to know what kind of person I'll be spending my time with and putting my trust in.
If I don't like their face (LOL) or the vibe I'm getting, it's not illegal for me to choose not to go into business with them. That's entirely up to me but not in real estate.
From what I've been reading and what my lawyer told me, due to fair housing and other laws, it is illegal for a board to discriminate against a buyer for anything other than a failure to demonstrate the ability to pay or to agree to the board's policies, etc.
They can't say, "We don't want you here because [insert personal reason]" without having a lawsuit on their hands. That's why I want an idea of what lines they can and can't cross during the interview.
What content is generally the focus and what kind of questions should raise a red flag for me as being inappropriate for them to ask and that I would have a legal right not to answer if I feel it might be grounds for discrimination?
None of that will matter if they green light the purchase but if they don't, I don't want to be scrambling blind after the fact looking for reasons to fight their decision.
Just so you guys know, there was mention of a buyer who walked away from a unit because the interview with the board was very upsetting to her. He didn't detail what upset her but it definitely made me wonder even more what this interview will be like.
I'm not easily rattled and I don't have the luxury of walking away from the only viable property I've been able to find in my price range in two years of searching because someone ticked me off but I at least want to be prepared.
In our area, most HOAs do not have an application process of any kind but every condo association does.
I do not understand the above. Are you saying that in Florida HOA's and "condo associations" are two separate things? In California, a condo association is the same as an HOA, which stands for "Homeowners' Association". It doesn't matter what the nature of the owned "home" is, whether a condo, a townhouse (no one above or below you), or detached with commonly owned amenities such as a tennis court, a pool, a greenbelt, or whatever requiring common governance.
I had to sign something when I bought mine, but I think it was more of an acknowledgement that I had read and received a copy of the by-laws. I remember they wanted a spare key to the unit (which they have yet to receive after seven years) and my auto make and model as well as the license plate number, which I changed almost immediately upon moving in to the unit. I don't remember there being anything about an ability to pay the HOA fees.
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