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MariaM1 (Florida)
Posts: 7
Posted:
Hello my name is Maria and I am from Florida,
I just want to ask a question maybe some one could help me.
I have lost my HOA Rules
Does any here knows were can I buy them?
Thanks
Maria
MaryA1 (Arizona)
Posts: 7,043
Posted:
Maria,

Contact a board member of your property manager, if your HOA has one. They should be able to provide you with a copy of the rules.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Sorry, I meant to type "a board member OR your property manager".
MariaM1 (Florida)
Posts: 7
Posted:
Oh Ok I'll be calling the property manager
Thanks
Maria
TonyM3 (Arizona)
Posts: 170
Posted:
You may be able to obtain an official copy of the covenants from your county clerk. You should be cautious about the copies your get from the board or Pm, they could be adulterated.
MariaM1 (Florida)
Posts: 7
Posted:
These were exactly my toughs some one could alter them rather try to get them some place else
Thank you Tony
Maria
GlenL (Ohio)
Posts: 5,491
Posted:
Rules or Covenants? They are two very different animals and while the Covenants should be on file with the County Clerk and you may even be able to view them and print them online the rules the BOD imposes and/or the By-Laws may not be found there and you would have to contact the BOD or MC for these documents.

Studies show that 5 out of 4 people have problems with fractions
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By TonyM3 on 08/11/2008 4:08 PM
You may be able to obtain an official copy of the covenants from your county clerk. You should be cautious about the copies your get from the board or Pm, they could be adulterated.

Maria asked for copies of the "rules", which I did not perceive to mean "covenants". The rules are generally NOT recorded with the Co. Recorder, only the covenants (CCRs).

Tony, why would you make a blanket statement that the copies received from the board or PM might be adulterated? Aren't you a board member? Unless you know who Maria's board members are and what they are, or might be, capable of doing, I think it's rather presumptios of you to plant notions in her head.
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By MaryA1 on 08/12/2008 6:24 AM
Posted By TonyM3 on 08/11/2008 4:08 PM
You may be able to obtain an official copy of the covenants from your county clerk. You should be cautious about the copies your get from the board or Pm, they could be adulterated.


Maria asked for copies of the "rules", which I did not perceive to mean "covenants". The rules are generally NOT recorded with the Co. Recorder, only the covenants (CCRs).

Tony, why would you make a blanket statement that the copies received from the board or PM might be adulterated? Aren't you a board member? Unless you know who Maria's board members are and what they are, or might be, capable of doing, I think it's rather presumptios of you to plant notions in her head.

Sounds like a cautionary statement to me...what is filed at the courthouse is law and has to be followed, some boards are not good at paperwork and may have outdated covenants, etc.
MariaM1 (Florida)
Posts: 7
Posted:
I like to thank you all
to me also it sounds like a cautionary I also believe that what is filed at the courthouse is law and has to be followed, some boards are not good at paperwork and may have outdated covenants, etc.
and is a good idea to get them both not just the rules you never know when you are going to need them
Maria

DonnaS (Tennessee)
Posts: 5,671
Posted:

Maria,

Florida Real Estate laws REQUIRE that any transfer of a property in an association situation must have the full set of documents transfered with the sale of any property within the association.

You should have gotten a set when you bought the property. If not, you need to have the full set when you go to sell. You should have all of the plat of your property, the surveys, all of the association docs, including Restrictive Covenants, Articles of Inc, ByLaws, Rules and regs, plus ARC documents if any. I don't know when you acquired your home but the seller should have transfered them. Your Board will have copys someplace. It's the law in Florida.
MariaM1 (Florida)
Posts: 7
Posted:
Yes I did received them but I lost the rules and regulations and I wanted to know were to get them if possible online of course I will pay for them.
And is something one should have at all time.
Here were we bought there is many issues with the HOA not doing their jobs also select picking who they enforce their rules on too {not my problem yet} I have not been select picking.
For example one of my neighbor
have gotten town 4 times we live in townhouses and he got town for different reasons like commercial vehicle but he don't have commercial license plates the only thing he have are signs on his door the kind that you remove when ever you want to also he got town for having a disable vehicle he had an accident and he brought his car home and I think but not sure for double park witch is not allowed also another lady neighbor got town because she bought a car and dint put the license plates on the car and on the same night they took her car
how ever and let me tell you the people that I am talking about is people who have been here over 20 years but at the same time we have other people who just park their car with no license plates for over 3 months and also double park and nothing happens to them don't know why this is going on my self this is my first time with HOA I always live in NYC and dint have them.
I am finding this so weird that I decided to read my rules and regulations and find out I have lost them.
Thank You All for your help
Maria
DonnaS (Tennessee)
Posts: 5,671
Posted:

Maria,
Rules and Regs will come from the Board, or a Property manager if you have one. It is a big ajustment moving into a HOA. Follow the rules(when you get them) and enjoy yourself in your new situation.
TonyM3 (Arizona)
Posts: 170
Posted:
Ignorant I, when I purchased from the builder I was asked to sign off that I received the docs. It wasn't until years later that I realized I only had one sided copies. I was missing all even numbered pages...this was the builder's fault (sales staff maybe) initially but it seems I wasn't the only one with this problem.

The board was working off a full set but not an official copy. There were some unfilled-in blanks such as what the max. annual assessment could be based on a number at turnover that doesn't exist in the board's and pm's copy.

After much complaining that the board may be making rules based on an unofficial copy of the docs I became friendly with the new pres. who happened to be taking the same HOA education course provided by the city. After raising the question in class the instructor was the one who recommended the county clerk. The pres. actually went to the clerk and my idea was uploading them to a new website. This was four years ago.

I'm not accusing anybody of anything, I just think its important to be thorough. I always look for the seal...

MariaM1 (Florida)
Posts: 7
Posted:
Thank You Donna I will
Maria
MariaM1 (Florida)
Posts: 7
Posted:
Thank you Toni
Definitively a trip to the courts is worth it
Maria
KirkW1 (Texas)
Posts: 1,665
Posted:
I don't know that any distinction should be made between rules, covenants, by-laws, and the like. They should all be recorded as this is the only way to establish that the rules have not be doctored. Failure to record your rules could result in an owner later charging that you changed them after the alleged violation.

As for knowing that your documents have not been doctored, there is an easy solution: give a copy of the recorded instrument. This also makes it easier to locate the document at the county clerk's office. In fact, until I used the information off my copy, I could never seem to find any recording of our HOA. I just didn't have the right rendition of the name.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Kirk,
In Florida, all of your mentioned documents are filed with the County Clerk except the Rules and Regs of the community. Because R.& R.s are changed so frequently and they are strictly a Board obligation to write, they are not filed with the Counties. One of my associations does a new copy of R.and Rs each year, just to update, add and delete items that work or don't work.

Florida Statutes require owners to have proposed changes to the R.and Rs, 14 days prior to being voted on by the Boards, but they are strictly a Board obligation to write.

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