Homeowners
Most states have laws that establish a homeowner's right to inspect HOA documents. Based on the hierarchy, these laws will precede any stipulation you may have in your governing documents. As such, homeowners can request copies of official records for whatever purpose. It may be because they are selling their property or concerned about how a specific covenant is implemented in the community.
However, there is usually a procedure for requesting HOA documents — which you'll also find in your governing documents. For instance, the association may require a written request from the homeowner. The governing documents may also include expected costs for reproducing HOA documents and a minimum number of days for the association to prepare the requested records.
Prospective Homeowners
For prospective homeowners, accessing HOA documents before buying is a must. You need to review these documents to see how the community operates and what life will be like when you join. For instance, rules and regulations may restrict your lifestyle, such as commercial vehicle restrictions, pet policies, parking rules, short-term rentals, and aesthetic standards.
Aside from the governing documents, it's crucial to inspect the financial documents of an HOA. What to look for when reviewing HOA documents? Are the HOA fees reasonable? Do they have enough funds and reserves? These official records help you foresee if there are fee increases or special assessments in the future. As such, ask the current owner how to request HOA financial statements apart from the standard governing documents.
In addition, homebuyers should also look into official records of the property they plan to buy. Is there a history of violations, unpaid assessments, and judgment liens? Whether or not these HOA documents will affect your buying decision, what's important is that you know about them before making a significant financial decision.
FAQs about HOA Documents
Here are the answers to some questions that you may have about HOA documents.
How Do I get HOA Documents?
If you are a homeowner, you can send a written request to your association for the specific HOA documents you want to inspect. However, there are other ways to obtain these records. You can access your homeowners' portal and online copies of the documents. You can also ask your neighbors if they already have a copy of the document that you need. Meanwhile, if you are a potential homebuyer, the current homeowner typically provides you with the HOA governing documents.
How do I find CC&Rs for a Property?
If other ways to get HOA documents are not possible, you can also search the public records at the county recorder's office. An HOA's CC&Rs is a legally-binding document, so they must be recorded with the county to become enforceable. HOA covenants that are not recorded with the county are not and should not be enforced within the association.
Are HOA Bylaws Public Record?
Unlike CC&Rs, HOA bylaws do not need to be recorded at the county recorder's office. However, an HOA may choose to include them in public records should they want to.
Who Pays for HOA Documents?
The person requesting HOA documents also shoulders the costs. These fees will usually cover printing, human resources, and other costs associated with preparing the documents. However, most governing documents will have a cap on how much the HOA can charge for HOA documents.
How Long Does it Take to Get HOA Documents?
It will depend on your HOA, so check your governing documents. Typically, upon receipt of the request for HOA documents, an association will have about ten business days to produce the requested copies.
The Importance of Homeowner Association Documents
HOA documents are essential for all homeowners associations, regardless of size. They define what HOAs can and can't do, how to do them, and when. Every organization needs a set of documents governing its operations. Without these documents, an association would fall into anarchy.
Consistency is essential when it comes to HOA documents. So, whether you're just beginning to draft your governing documents or considering amending them, make sure they're in line with the laws and provisions that precede them. This way, you will avoid conflict or, worse yet, legal trouble.
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