One question we often receive is about who is responsible for providing the HOA governing documents to new homeowners. The answer is that the seller or seller’s agent should provide the documents to the new homeowner. However, it’s important to note that even if the new homeowner did not receive these documents, that does not relieve the homeowner of the obligation to adhere to them.
Homeowners who belong to a homeowner association (HOA) must be aware of the governing documents that guide the operation of the association. While they may be called slightly different terms depending on the Association, these documents generally include the declaration of covenants, conditions, and restrictions (CC&Rs), the bylaws, and the rules and regulations. Homeowners should read these documents carefully and ensure they understand them. Here are some reasons why it is important for homeowners to read their HOA governing documents:
- Compliance with rules: The CC&Rs, bylaws, and rules and regulations govern how the association is managed, how decisions are made, and what residents can and cannot do. By reading and understanding these documents, homeowners can ensure that they comply with the rules and avoid any penalties or fines for violations.
- Understanding financial obligations: The governing documents outline the financial obligations of homeowners, such as assessments, fees, and charges. By understanding these obligations, homeowners can ensure they are paying the correct amount and avoid any financial penalties.
- Participation in decision-making: The governing documents outline the procedures for decision-making within the association. By understanding these procedures, homeowners can participate in the decision-making process and have a say in how the association is run.
- Protecting property values: The CC&Rs often include provisions that protect property values, such as restrictions on the use of the property and architectural guidelines. By adhering to these provisions, homeowners can help maintain property values within the community.
If a homeowner did not receive the governing documents, it is typically the seller’s responsibility to provide them. However, the homeowner still has an obligation to comply with the rules stated in the documents, regardless of whether or not they were provided prior to the sale. It is assumed that every homeowner has obtained, read, and understood the contents of these documents. If the homeowner needs a copy of the documents, they can usually request one from the seller or the seller’s agent. Alternatively, they can often obtain a copy from management for a reasonable fee or download them from the HOA’s website.
Reading and understanding the HOA governing documents is crucial for homeowners to ensure compliance with the rules, understand financial obligations, participate in decision-making, and protect property values within the community.
If you’re a homeowner or a new board member who has questions or concerns about the governing documents for your HOA, you’re not alone. These documents can be complex and difficult to navigate, and it’s not uncommon to need some guidance.
At SKSP, we understand how important it is to have a clear understanding of your HOA’s governing documents. Whether you need help interpreting a specific rule or want more information about the decision-making process within your HOA, we’re here to help. Our team of professionals can provide you with the guidance and support you need to navigate the complexities of your HOA.
If you have questions or concerns about your HOA, don’t hesitate to reach out to us. We’re here to help you make sense of it all and ensure that you’re able to enjoy your home within the guidelines of your community.