Fortunately, the basic aspects of proper documentation and registration are detailed here, and there`s no better place to start than the essential groups of HOA documents that all associations should have and that all residents and homeowners should have access to. Each association should certainly offer the opportunity to access this list in its entirety so that residents have a full understanding of how and why their particular HOA works the way it does. In short, these particular regulations are how the above CC&Rs are implemented and regulated by the board. These are also the rules and regulations that affect most day-to-day operating rules, such as opening hours or parking specifications. The documentation provided on this is also crucial, because while it helps to know what the restrictions are for something, like what a resident can build on their property, it`s important to tell them exactly how those restrictions are enforced. These are also of paramount importance in the event that a particular CC&R is violated, as the owner would have a full understanding of the impending punishment they would receive, even if they still decide to appeal. Providing such documents to your residents will eliminate any discrepancies that may arise if you and your counsel interpret the CC&R differently from the resident, solely because the resident did not have access to this information. Send your club a written request for access to the association`s official archives. As mentioned above, owners have the right to inspect and make copies of the corporation`s documents. Many potential buyers are surprised to learn that there is a cost associated with obtaining copies of HOA documents. After all, how can you know if you`re willing to accept the rules without reading them? When you`re buried under a mountain of 180 transaction-related pages, it`s easy to overlook a pile that seems to be lurking on the edge of the deal: the Homeowners Association (HOA) documents.

Whether the association can charge its members a fee to request documents from the HOA is not a one-size-fits-all answer, and much of this can vary depending on the state in which the association is located or the rules established by the HOA that compete with the law. This means that as a board member, it`s important to know your state`s laws regarding HOA document disclosure and how your association handles requests for documents, whether they`re fees or not. Most clubs usually charge a small fee for residents who request documents, which usually includes copying and shipping fees to provide the documents. These costs, as mentioned earlier, vary from state to state, with states like Florida only allowing fees after 25 pages of documents have been requested or when working hours reach a certain level, while others like California may charge strictly based on labor cost to provide the documents until they reach a certain level. Residents should be informed of these fees as far in advance as possible. The rules are not quite the same, board members generally have more freedom to view HOA documents for free due to their position within the association. Therefore, as a member of the Board of Directors, it remains of paramount importance to respect freedoms that other residents do not have, while fulfilling your duty of care to ensure that residents have access to the requested documents, within reasonable limits and in the most responsible manner possible. The importance of comprehensive documentation of federal, state, or sometimes even local law is that residents know all the ways their HOA must operate in accordance with those laws. State decisions and orders will almost always supersede all other HOA rules or regulations, and it`s important for board members to make their residents available for several reasons. First, giving HOA members access to these documents allows for full transparency about what board members can and cannot legally enforce within the community when certain rules or regulations are challenged or challenged.

Providing the federal and state laws that the HOA must comply with also allows potential and existing HOA members to see how and why other HOA government documents have been established and how these documents comply with government decisions. Finally, the provision of these also allows board members to maintain full transparency vis-à-vis residents, especially with regard to laws and regulations that generally take precedence over their own decisions. Given the amount of important information contained in these lengthy HOA disclosure documents, you won`t be surprised to learn that the cost of obtaining them isn`t exactly cheap. Search the public records of your county clerk`s office. All counties have an office that is responsible for keeping and maintaining public records such as deeds, agreements, mortgages, etc. Association documents must be registered at the District Clerk`s office to be enforceable. “Financial documents give you insight into the reserves they have, how much they spend and whether there could be valuations. Therefore, it is really important to go through these documents thoroughly and read and understand what you are getting into. Often referred to as “the articles,” these are usually short documents that establish the name of the HOA, claim that it is a non-profit mutual corporation, and identify its original agent, the person authorized to receive legal communications on behalf of the HOA.

As a buyer, you have the right to review the disclosure documents of an HOA or COA in advance. You should take some time before graduation to check these documents you receive from the association. To help our readers understand the right of access to Association documents, we will explain the following: Colorado Revised Statutes, § 38-33.3-117(2)(a) – This Act provides that “all records maintained by the corporation shall be available or reviewed and copied by an owner of the unit or the authorized representative of the owner, The corporation may require the owners of the unit to make a written request. Description of the reasonable specificity of the requested documents at least ten days prior to the inspection or presentation of the documents and may limit review and copying times to normal business hours or the next regular meeting of the board if the meeting is held within thirty days of the request.