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Location: Sarasota/ Bradenton - University Pkwy area
4,619 posts, read 7,539,060 times
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Quote:
Originally Posted by North Beach Person
It's a requirement in Maryland and a reason for no fault offer cancellation if the buyer finds something he doesn't like in the documents.
Same in Florida.
This is incorrect, it is not a requirement in Florida for HOAs. The only requirement is that it must be disclosed if there is a mandatory HOA.
Effective July 1, 2003, it is the responsibility of the Seller(s) to disclose to the Buyer(s) that they are purchasing a home in a community where there is a mandatory homeowners' association, that there are or will be recorded restrictive covenants governing the use and occupancy of properties in the community and that there are assessments.
The disclosure must be given to the Buyer(s) before a sales contract is executed.
The language required for the disclosure is specified by FL statute 720.401
There is no requirement that allows Buyer(s) to cancel if they find something they don't like in the HOA documents. I think the poster is confused by language within the actual disclosure that states that if the DISCLOSURE SUMMARY is not provided to a prospective purchaser before the purchaser executes a contract for the sale of property governed by covenants that are subject to disclosure pursuant to this section, the purchaser may void the contract by delivering to the seller or the seller’s agent or representative written notice canceling the contract within 3 days after receipt of the disclosure summary or prior to closing, whichever occurs first.
Therefore if you are looking to purchase a home in FL that is located within a mandatory HOA, be sure to read the HOA documents before you submit an offer, not after.
Quote:
Originally Posted by North Beach Person
It's a requirement in Maryland and a reason for no fault offer cancellation if the buyer finds something he doesn't like in the documents.
Same in Florida.
This is incorrect, it is not a requirement in Florida for HOAs. The only requirement is that it must be disclosed if there is a mandatory HOA.
Effective July 1, 2003, it is the responsibility of the Seller(s) to disclose to the Buyer(s) that they are purchasing a home in a community where there is a mandatory homeowners' association, that there are or will be recorded restrictive covenants governing the use and occupancy of properties in the community and that there are assessments.
The disclosure must be given to the Buyer(s) before a sales contract is executed.
The language required for the disclosure is specified by FL statute 720.401
There is no requirement that allows Buyer(s) to cancel if they find something they don't like in the HOA documents. I think the poster is confused by language within the actual disclosure that states that if the DISCLOSURE SUMMARY is not provided to a prospective purchaser before the purchaser executes a contract for the sale of property governed by covenants that are subject to disclosure pursuant to this section, the purchaser may void the contract by delivering to the seller or the seller’s agent or representative written notice canceling the contract within 3 days after receipt of the disclosure summary or prior to closing, whichever occurs first.
Therefore if you are looking to purchase a home in FL that is located within a mandatory HOA, be sure to read the HOA documents before you submit an offer, not after.
I didn't claim anything for Florida. That was boxus adding to my post about Maryland.
Yes, it's common here. You are legally bound by them when you move in there, so you certainly should read them before signing a contract.
We had never even heard of HOAs until we unfortunately purchased a home in an HOA area.
There were swimming pools, tennis courts--yes, we ARE the Beverly Hillbillies!!--and rules. Permission for fence, etc. etc.
Not too bad as HOAs go, but what's yours is not yours.
I would not need ANY time to study HOA Covenants, etc. because I would move on dot org to other properties.
HOAs are meeting houses for control freaks, or as my career-teacher mother oft said about some of her control freak colleagues, Little Hitlers.
I'd also request copies of the last year of minutes of HOA Board meetings. That will give you a much better feel for what the issues are and whether or not they're going to pick at you for trivial things. (A niece was once told by her HOA that she had to remove the eyelet hooks in the roof of her wraparound porch, which she used to suspend a baby swing. The swing was always removed when not in use.) I'm on our HOA Board and we've never turned down a paint color but have enforced rules about fences. When DH and I submitted plans to have the screened-in porch made into a 3-season room they approved it and thanked us for improving our house.
But- about Board meetings- we're on a lake formed by a dam and it's leaking. Haven't been able to find a firm to quote the work (they don't like dealing with residential work) and it will likely mean a special assessment. We're being proactive in providing those minutes to prospective buyers of houses on the market, along with the Restrictions, so they're not blindsided.
We had never even heard of HOAs until we unfortunately purchased a home in an HOA area.
There were swimming pools, tennis courts--yes, we ARE the Beverly Hillbillies!!--and rules. Permission for fence, etc. etc.
Not too bad as HOAs go, but what's yours is not yours.
I would not need ANY time to study HOA Covenants, etc. because I would move on dot org to other properties.
HOAs are meeting houses for control freaks, or as my career-teacher mother oft said about some of her control freak colleagues, Little Hitlers.
Don't go there if you value your freedom.
In some markets you don't have much choice. Developers with HOAs control a large majority of of the housing that is available. Our town has about 1/2 the town (older houses) that are not in HOA developments. One of thos is interesting because although there are covenants there was never a formal HOA established so if a homeowner violates one of the covenants it is up to someone else in the development to take them to court for enforcement. Since the Developer just turned over control of the 'HOA' when they sold the last unit a year ago (It has been a 20 year buildout, they were allowed a limited number of units a year) We'll have to see how that goes. One of the other developments has a very strong and active HOA. They are around a golf course, and appear to have been reasonable but they sometimes act like they are their own town and not part of the Town itself.
If I were to move 'HOA or no HOA' would be only one of many factors I would have to consider. But will probably never matter since I'll probably be here till I someone has to find my final downsizing to a lot that is about 8'x12'.
We got a copy of the CCRs before we made the offer on our current home.
I seem to recall that the HOA information, bylaws, and covenants/CCRs for my current house were included as attached files in the realtor's listing. I read them before deciding to even look at the house (AK). I also referred to them when checking out the potential neighbors' places.
I live in an HOA community by choice. I researched the rules before I ever got to closing so that I would know exactly what was or was not allowed. You would not believe the number of people who live here who throw a tantrum when they are tagged with a violation and act like they never heard of the rules.
Who in their right mind spends several hundreds of thousands of dollars on a home without checking to see if they are in agreement with the covenants?
They're different worlds but are interconnected. No, the Town doesn't care what color your door is (well at least not yet. We do have a group of residents urging a color pallette be required in Zoning), that's your HOA. We do, however, care that you do indeed have a door (true story, someone didn't want to put a solid door in but just have a screen door).
They can indeed be interconnected and can sometimes be useful accordingly. We used to visit a couple before the husband died not long ago and the wife moved away. They often noted the pool belonging to the neighbor where the neighbor's house was around the corner but their backyard pool was easily seen from the couple's home. They didn't like the noise in the summer. And were even more upset when they found out the pool was not that big and had been put in because the owners really wanted a fence for their kids and animals.
Many hoas now seem to not be charging for copying their documents... because they aren't copying but emailing or giving access to where you can find them online. If you have found one you like search online or give their office or management a call and find out how to access the info.
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