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| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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NormS
(Tennessee)
Posts:1
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| 10/22/2006 10:31 AM |
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| I've recently purchased a condo in Rutherford County, Tennessee. The builder IS the HOA for a minimum of three years, and can obviously extend that if he so desires. There is no homeowner participation allowed. I am concerned about the inability of condo owners here to make contact with the builder/HOA. We have a mailing address in another city for the purpose of remitting monthly assessments. I have twice requested a name and/or phone number for this purpose (enclosed with my monthly assessment check), but cannot get any response. We have no information about our homeowner's insurance or any way of accessing that insurance if a need should arise, as that is included in the monthly assessment. Homeowners here cannot ask questions of the builder/HOA, nor report a need for services in common areas. The builder's rep in the nearby sales office states that she cannot provide a name or a phone number, per instructions from the builder. Can anyone tell us whether there is a law in Tennessee requiring the Homeowners' Association to be accessible to the homeowners? At this point, we are dealing with a complete disconnect once the closing takes place on each unit sold. Help!! |
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JoeS4
(Kentucky)
Posts:77
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| 10/22/2006 11:57 AM |
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Check with the secretary of state of Tennessee and look up the incorporator of the association, it should be on file and it is public knowledge, so you can get the info. Also if you go to your local county court house you should be able to get a copy of anything recorded, restrictions, ccrs, association papers. You can also check with the TREC, tennessee real estate commission and find what laws are revelent to your state.
Good Luck |
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RogerB
(Colorado)
Posts:3726
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| 10/22/2006 5:00 PM |
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Norm, your builder is stonewalling the owners. By-laws should be available to all owners and should advise on meeting requirements. Also, if Incorporated in the State of Tennessee there will be corporation requirements regarding annual meetings and your rights to inspect the association records. Those records must contain names of all members. You can make a written request to the HOA's Registered Agent for the Corporation. Their name and address will be listed with your Secretary of State.
You can get a copy of your CC&Rs from the County Clerk's office, as well as your By-laws if they are required to be recorded. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
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ClaudeV
(Florida)
Posts:84
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| 10/22/2006 5:25 PM |
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Roger,
I smell a dead fish if there ever was one!
Investigation is definately in order! :-) |
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