HOA Bylaw Case Study
I call to your attention that the documents sent in response to my requests are incomplete, at least in so far as the HOA Bylaws are concerned. Note that the Bylaws pdf document begins and ends with "page 3". Missing are pages 1 and 2 which undoubtedly includes HOA incorporation provisions such as officer/director positions, date and quorum for annual meeting, etc.
As a long time condominium owner and board member I take issue with comments made in previous responses from Lynn Gunter and Mark Blake concerning requests for documents. While I agree that prior owners, real estate brokers/agents and closing attorney's should have copies of documents and be able to pass them on to a purchaser at the time of sale, reliance on this practice is not in the best interests of the HOA that is interested in voluntary compliance by property owners. However, in reality, experience shows that owners, real estate brokers/agents and closing attorney's do not provide documents. That reality is attempted to be addressed through the DUCIOA resale certificate form and process.
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All reasonable efforts should be made to ensure the buyer knows the rules before purchasing and moving-in. Do you really want to go through a long, contentious and possible litigious process with an owner because they did not know there was a deed restriction regarding the storage of boats or campers in the development? For the HOA or management company to rely on other parties to provide documents or to ignore requests for documents from prospective buyers until county real estate records confirm the request is from an existing owner seems short sighted. Are the documents not public records? Do the documents contain proprietary information that warrants restricted
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