06-01-2013, 01:32 PM
1 posts, read
1,259 times
Reputation: 10
I purchases a home that has some properties that are not in the hoa.It has come to my attention that my deed does not mention the hoa only?most others do.Does this mean I am not part of the hoa?aany info would be appreciate! Thakns
06-02-2013, 10:35 AM
Location: Port Charlotte, FL
3,979 posts, read
9,846,717 times
Reputation: 1917
Are you saying that you already purchased the home? If so, then you would have signed a homeowner association disclosure when you purchased the home and you would have received a copy of the homeowner association rules and regulations if your home was in fact part of a homeowner association.
06-02-2013, 08:27 PM
16 posts, read
25,930 times
Reputation: 18
If you purchased the home you would know. As tamre stated you would have signed the hoa forms. I do know some places like in Venice that offer optional hoas. It gives you access to a ferry to go the beach. It may be the same situation you are in where it is optional.
06-03-2013, 06:05 AM
Location: Lakewood Ranch, FL
5,648 posts, read
9,940,718 times
Reputation: 6871
claire923, I'd change the above comments from "would" to "should" as in you should have been given a disclosure. It is a requirement by law but that does not mean that the seller was honest and that the listing agent (if there was one) was aware of it. Sinc you apparently know someone who is part of the HOA, I think the easiest thing to do is to ask that person who they contact regarding HOA matters, and then to contact that company or manager for specific information. It is probably fine but you should find out for sure.
06-03-2013, 08:42 AM
34,705 posts, read
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Reputation: 21795
and don't understand how a home can have "some properties"
a home has a lot--it might be large or small...
some homeowners might have bought the lot beside/behind theirs as investment or to keep someone from building next to them
sometimes you pay to have that extra lot included with your home/lot...
06-03-2013, 09:30 AM
110 posts, read
162,345 times
Reputation: 37
Quote:
Originally Posted by
CLAIRE923
I purchases a home that has some properties that are not in the hoa.It has come to my attention that my deed does not mention the hoa only?most others do.Does this mean I am not part of the hoa?aany info would be appreciate! Thakns
No, it does not. My Deed does not mention mandatory membership in our HOA either, it only describes the lot number ..
subject to restrictions of record . That may be how your attorney did it. What you have to do is to get a
Subdivision Plat and get a copy of your Covenants. Most likely you are in the HOA development but your membership in the HOA may not be mandatory.
06-03-2013, 11:23 AM
Location: Sarasota/ Bradenton - University Pkwy area
4,115 posts, read
6,298,927 times
Reputation: 4742
There is some confusion about the Homeowner's Association/Community Disclosure form that should be a part of a purchase contract if the property is located within a mandatory HOA .
This particular disclosure informs the buyer that as a buyer of the property they will be obligated to be a member of a HOA, that there are recorded restrictive covenants governing the use of properties in the community, that they will be obligated to pay assessments to the association, that failure to pay assessments may result in a lien on the property. It also states the buyer should refer to the covenants and the association governing documents before purchasing the property, these documents are matters of public record and can be obtained from the county record office or developer if not yet recorded. The disclosure does NOT require the seller to provide a copy of the governing documents to the buyer. It is the buyer's responsibility to obtain the documents unless the parties agree otherwise.
There are communities with recorded deed restrictions that may either have a voluntary HOA or no HOA rather than a mandatory HOA, which this disclosure refers to.
Sometimes communities will have originally been deed restricted but the recorded documents had a specific expiration date (sometimes 25 years) for the association unless a certain percentage of the lot owners vote to renew the deed restrictions (Colonial Oaks did that a few years ago). Sometimes communities have voluntary civic associations that they call HOAs but there are not recorded deed restrictions. So it can be confusing.
Sometimes communities are broken down into a number of units (originally done by the developer) and perhaps the first couple of units were not part of a HOA but the developer later added a HOA requirement to later units of the development. (?)
FL HOAs are governed by FL statutes under Chapter 720.
If you are in doubt as to whether your property is under the jurisdiction of a HOA, you would have received a title policy at closing and your closing agent's office may be the place to ask for interpretation regarding whether you have to belong to a HOA or not. Or consult a local real estate attorney in the county in which the property is located.
By the way, most real estate attorneys and some title companies will pull up and either email you or print for you the deed restrictions and covenants of a property you are buying if you request them before closing, as not all home sellers have copies of the documents and sometimes if they do have them they do not have revisions or amendments that were added later on.
06-03-2013, 11:40 AM
155 posts, read
295,317 times
Reputation: 377
I don't intend to hijack this thread. How can I be certain to avoid purchasing a home that is part of a HOA or has any type of covenant of restrictions? Is it just common place in most new subdivisions? I have had terrible experiences with HOAs and I don't want to deal with that again.
06-03-2013, 11:49 AM
Location: Englewood, FL
1,268 posts, read
2,833,176 times
Reputation: 1112
Most "subdivisions" will have a HOA. Gated communities will have them 99% of the time, and usually strict ones too. Older established neighborhoods may, or may not. Your Realtor will be able to advise you. Most of the listings will say whether there is or not.
06-03-2013, 01:13 PM
110 posts, read
162,345 times
Reputation: 37
Quote:
Originally Posted by
hot_in_dc
I don't intend to hijack this thread. How can I be certain to avoid purchasing a home that is part of a HOA or has any type of covenant of restrictions? Is it just common place in most new subdivisions? I have had terrible experiences with HOAs and I don't want to deal with that again.
Just ask if you are obligated to pay any maintenance fees to the Association. If the answer is 'yes' then it is a mandatory HOA. In many ways I do not blame you for not wanting to live there. But, again there are differences. Some HOAs have tons of restrictions and some are more relaxed. All new subdivisions will most likely be more restrictive. Many Covenants written by the Developer (particularly years ago) are not easy to read and understand. Plus, these are usually outdated and do not comply with Florida HOA and other applicable laws. I would start with reading the Covenants
'Use of Property' . That article alone should give you an idea what you could be faced with. But it is in your best interest to read and understand all articles well.
As an alternative, you can buy a house in HOA where the membership is not mandatory (no fees) but it will most likely be an older house.
In any planned development you will have some restrictions. For instance, you may not be able to raise chickens in your back yard, etc.
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Mean house or condo value by units in structure - 1, detached ($)
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Commute - mean travel time to work (minutes)
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Occupied housing units (%)
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Poverty status for native-born residents (%)
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2004 Presidential Elections Results (%) - Democratic Party (Kerry)
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2016 Presidential Elections Results (%) - Democratic Party (Clinton)
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Urban houses (%)
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Mortgage status - with mortgage (%)
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Geographical mobility - Same house 1 year ago (%)
Geographical mobility - Moved within same county (%)
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Place of birth - Born in state of residence (%)
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Housing units in structures - 1, detached (%)
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Housing units in structures - 50 or more (%)
Housing units in structures - Mobile home (%)
Housing units in structures - Boat, RV, van, etc. (%)
House/condo owner moved in on average (years ago)
Renter moved in on average (years ago)
Year householder moved into unit - Moved in 1999 to March 2000 (%)
Year householder moved into unit - Moved in 1995 to 1998 (%)
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Working at home (%)
Industry diversity
Most Common Industries - Agriculture, forestry, fishing and hunting, and mining (%)
Most Common Industries - Agriculture, forestry, fishing and hunting (%)
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Occupation diversity
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People in Group quarters - Institutionalized population (%)
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People in Group quarters - On base (%)
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People in Group quarters - Transient quarters for temporary residents (%)
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People in Group quarters - Crews of maritime vessels (%)
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Residents speaking English at home (%)
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Residents speaking other language at home (%)
Residents speaking other language at home - Born in the United States (%)
Residents speaking other language at home - Native, born elsewhere (%)
Residents speaking other language at home - Foreign born (%)
Class of Workers - Employee of private company (%)
Class of Workers - Self-employed in own incorporated business (%)
Class of Workers - Private not-for-profit wage and salary workers (%)
Class of Workers - Local government workers (%)
Class of Workers - State government workers (%)
Class of Workers - Federal government workers (%)
Class of Workers - Self-employed workers in own not incorporated business and Unpaid family workers (%)
House heating fuel used in houses and condos - Utility gas (%)
House heating fuel used in houses and condos - Bottled, tank, or LP gas (%)
House heating fuel used in houses and condos - Electricity (%)
House heating fuel used in houses and condos - Fuel oil, kerosene, etc. (%)
House heating fuel used in houses and condos - Coal or coke (%)
House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2019
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)