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An Article
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Shouldn't I get to review the CCRs of my Habitat Housing HOA prior to escrow closing?
The HOA can really affect my home ownership down the road with their power to lien and foreclose
December 19, 2007
By
lpashby
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California has some pretty strict requirements for disclosure of homeowners association details for contract buyers. If you have an offer in on a house, you should be provided a copy of the CC&Rs, Rules, By-laws, articles of incorporation (if incorporated), etc.
I am not sure how soon they have to be provided, but any ethical broker would see that you received them as soon as possible. There are also requirements for disclosure of the Association's financial position. They have to tell you what reserves they have and whether they meet the expected long term obligations of the association.
If the HOA owns the streets, pools, parks, etc., they have to calculate the life expectancy of these major assets and how much it will take to repair and replace. The report you get should have the reserve surplus or deficiency totaled and then calculated to an amount per separate interest (per lot, per unit, whatever).
Posted Feb 1 2008 10:44PM CET
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Curtis Wheeler
, California |
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I don't live in CA, therefore, don't know any laws that would be associated with your association. However, most associations only provide a physical copy of the legal documents at closing. You should be able to review them prior to closing but not have an actual copy to take home. The reasoning, it costs money to print them. Until you actually close on a home, you do not own it or are a member of the association. Once a member, you are entitled to all the benefits and/or headaches associated with the HOA. CCRs and Bylaws should not cost anything and should be available on the websites of HOAs just as rules and statutes of other government agencies.
The foreclosure lawyers, allied politicians and political appointees, their consultants , real estate and insurance brokers, bankers and the industry lobbyists misusing the mantle of seniors' and homeowners' representatives work together to prevent homeowners from getting any disclosure on homeowner associations until escrow closing to be able to trick buyers into buying HOA homes.
During escrow, hundreds of pages are dumped on the buyer that includes unconstitutional and even illegal "agreements" this group has worked to write to protect their ability to control and live of your home equity.
AHRC and CHAMPEON ( a pro-homeowner activist group led by Mary Horton of Riverside) attempted to get a bill sponsored by then California Senate Housing Committee Chair Senator Barbara Lee ( now a Congresswoman) passed so that the HOA disclosures would be given to California home buyers at the same time as other disclosures e.g. lead, termite etc.
Jim Antt , a real estate broker and an HOA management company owner from Bakersfiled, California who was the then Department of Real Estate Commissioner appointed by the California Governor met behind closed doors with Senator Barbara Lee and convinced her the disclosure bill would make the sales of HOA homes difficult for the realtors.
Senator Barbara Lee and her consultant Howard Yee worked with the realtors and the CAI foreclosure lobby industry to continue denying home buyers disclosures about the homeowner association until closing.
The California Department of Real Estate's appointees, bureaucrats, the Assembly and Senate Housing Committee, the California Law Revision Commission Committee, appointees, the governor and his consultants all continue to work together trick HOA home-buyers into signing unconstitutional and even illegal HOA housing contracts that rob families of their homes, freedom and family fortunes and scam international mortgage investors.
Marie Anderson
California
Posted Jan 10 2008 9:43PM CET
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Username withheld
, California |
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Please contact me by email with the details of your problem.
San Diego Habitat for Humanity has been alerted to your article. If the issues concern San Diego Habitat for Humanity, they will be rectified promptly.
Jeffrey C. Bloom
Posted Dec 31 2007 10:24PM CET
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jeff bloom
, California |
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I don't live in CA, therefore, don't know any laws that would be associated with your association. However, most associations only provide a physical copy of the legal documents at closing. You should be able to review them prior to closing but not have an actual copy to take home. The reasoning, it costs money to print them. Until you actually close on a home, you do not own it or are a member of the association. Once a member, you are entitled to all the benefits and/or headaches associated with the HOA.
If your site is still in development, the builder probably has control of the HOA and until it's turned over to the homeowners it's probably going to be run the way you see it now.
You are doing a good thing by asking questions about the financial accounting of the association. My guess is that since your lot is part of Habitat the Association probably sees the lot as selling and doesn't really care about the "selling process" of the home to you. Otherwise books would be available and your questions answered to your satisfaction.
My advise, be concerned but not an agitator. If time permits, get involved with the association and elected to the Board of Directors so you see what is happening. Then treat current and future homeowners as you would want to be treated. If the current board sees you as an agitator your life in the association could be difficult.
As for the amount of monies collected, if there is a management company running the association vs owners, most of the fees could be paying for that. Again, get elected to the board and get the association to be self governing to put that money to things you've noticed to be lacking.
Hope this helps.
Tim
Posted Dec 31 2007 2:02AM CET
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Tim Brannon
(View Profile)
springfield, Virginia |
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Certainly, you are entering into a contract. The CC&R's are a contract, and as such, there has to be a "meeting of the minds", and there can't be a meeting if nobody gets a copy! The articles of incorporation or other binding documents are a recorded document, and should be indeed available in the Public Records.
Furthermore, now is a little late to be worrying about the CC&R's. you should have investigated what a HOA was, and what you are up against. The "shoulds" versus the "do's" in these contrived tyrannies are two different things. If I were you, I would consider the sweat equity you put into the house a charitable gift to someone else. Sell your home out of escrow to someone stronger and more knowledgeable, then take your money and RUN for your LIFE! HOA's in some states are an economic DEATH TRAP, and sometimes less menacing, but always a potential danger.
You have the advantage of getting together with others in a community who have put "sweat" down payments into the property, but you have to be careful not to expect much professionalism from the BOD members, who will be members of the community. Your BOD that you elect is going the ONLY protection against the predators that you will have hunting you! The Association counsel that the BOD consults with will be the driver of community policy, and will be the potential nemesis of the project. If it is to be a Community Association Insitute Lawyer, forget it! They have no licit purposes except to facilitate contradictory legal circumstances designed to falsely bait lot owners into litigation, only to bankrupt them with the help of felon judges who ignore the law and licit legal procedure in order to give these Jackals an egregeous legal fee as part of the ilicit decision against the lot owner plaintiff-et-sucker. Read further in AHRC.com to see what kind of things happen. These HOA's can exist purely as feeding troughs for gangsters in the associated services that prey on HOA business, and on lot owner helplessness and ignorance.
Be forewarned. You have entered the twilight zone of home ownership!
Posted Dec 22 2007 7:33PM CET
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Lee Lambert
(View Profile)
Victorville, California |
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I would think they would be part of the public record..have you contacted the county records..dept. of deed & mortage recording..they should have a book & page # they are filed under.
Posted Dec 22 2007 3:18PM CET
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Username withheld
, New Jersey |
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