How to Find Out if a House Has Hoa Fees

How To Find an HOA's Contact Information and Documents

Finding the homeowners' association linked to a property can sometimes be frustrating and time-consuming. The good news is that we may not have to drive down to the county recorder's office to retrieve the information we need, thanks to Google.

This article will attempt to help community members save time and money by giving step-by-step instructions on how to find important community information and direct members to the right government agencies where the HOA contact information is usually stored.

Two important factors to understand:

One

Homeowners' associations are created when the developer records the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Plats, or surveys with the county records.

These documents must be recorded with the county recorder's office to create restrictions that run with the property and provide record notice of the contractual obligations to prospective buyers.

Two

If an association is a non-profit, as is the case with most American associations, it will be governed by the state's non-profit corporation law. If this is the case, an association is required to file Articles of Incorporation and annual reports with the state's corporation commission. It is in these reports that the association's contact information is stored.

With this understanding, the following steps may help locate an HOA's contact information and relevant documentation.

Step 1 -  Find the name of the subdivision or community.

To find the legal name of a community or subdivision, a visit to the local county assessor's website may help. All U.S. assessor websites store property information and make it available to the public.

How does one find a local assessor website?

  1. Open a Google search window on a computer and type: "[the name of the county where the property sits] county assessor property search."

  2. Thereafter, choose the county assessor's website and search for the property information under the address or name of the owner. One can also search for the community or subdivision.The key is to make sure it is a government website site and not a one that charges for this information.

An example may help. Let us assume the property is in Brevard, Florida. We would visit the Brevard's County Assessor's website and conduct a property search under the address of the property or owner's name.

In most cases, we will be able to search by:

  • Owner's Name

  • Property Address

  • Parcel ID

  • Subdivision Name

  • Community Name

  • Condominium Name

Other ways to find the name of a community or subdivision are:

  • Conduct an online search for properties that are for sale in the community as most realtors like Zillow, Trulia, or Realtor.com may already have community information published online.

  • Review the property's deed or mortgage. These documents will have the legal information of the property, including the name of the subdivision and the association's name.

  • Ask a neighbor.

Step 2 - Find the association's corporation information

Now that we have the legal name of the community or subdivision, we can find the association's contact information by visiting the state's corporation commission website. We have direct links below!

Using the same above example, we would visit the Florida Corporations Commission and conduct a corporation search by entering the name of the subdivision or community.

Remember, most states require associations file Articles of Incorporation and annual reports disclosing the following information:

  • Entity Legal Name

  • Principal Address

  • Mailing Address

  • Registered Agent Name & Address

  • Officer/Director Detail

Typically, the government website allows the public to download the association's Articles of Incorporation and annual reports at no cost. However, some states may charge a small fee.

Find HOA's Contact Information

Step 3 - Find your association's recorded documents

To find all the association's recorded documents, we must visit the county recorder's office. Here we can find an association's:

  1. Declaration of Covenants, Conditions, and Restrictions;

  2. Amendments;

  3. Notices;

  4. Bylaws;

  5. Plats;

  6. Surveys;

  7. Judgments;

  8. Liens;

  9. And other community-related documents.

Most counties give the option to search by:

  • Name of the association or subdivision

  • Document Number

  • Document Type

  • Map

  • Recording Date

  • Subdivision Name

Unfortunately, some states may require one to create an account and charge a fee to download or print a document. However, they typically allow one to view the document for free.

Step 4 - Verify you have the correct association

Most communities have similar names, so do not jump to conclusions. In order to determine if an association governs a property, one will have to review the following documents:

  • Plat or subdivision map. This document illustrates which lots/properties are part of a particular subdivision.

  • The association's CC&Rs typically lists the lot numbers that are within the development and part of the association, and

  • A property deed typically provides that the property is subject to covenants and may list the recording number and county where the covenants are recorded.

Step 5 - Find multiple associations linked to a property

It is not uncommon to find two or three associations linked to one property, especially in Florida. For this reason, one must read the association's CC&Rs to make sure no other associations exist.

Moreover, the CC&Rs will provide the legal description of the property subject to the association. This information is usually found as an Exhibit to the CC&Rs.

Step 6 - Contact your homeowners' association

An association likely has a management company, and it may be as simple as making a phone call to request information about an association's account such as the amount of monthly HOA fees, special assessments, board meetings minutes, and all the association's governing documents.

However, some associations may be self-managed and may require one to draft a short letter requesting the much-needed information. Keep in mind that an association's board has a fiduciary duty of care, reasonable inquiry, and good faith.

Also, as previously discussed, homeowners have the right to inspect and copy the records of the association. In particular, state laws define which HOA documents members can inspect, how they must make an inspection request, whether and how much the board can charge for copies of the HOA documents, and what recourse homeowners have if the board refuses the inspection. We hope this information is helpful.

Discover More

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

When you purchase a property in a community with a homeowners' association, you're also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

How to Find Out if a House Has Hoa Fees

Source: https://www.hopb.co/blog/how-to-find-the-homeowners-association-information-for-a-property

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