Question:
Dear HOA Association,
Is it required at title closure for the property owner to receive a HOA agreement at title closing setting the terms of the HOA and is it important to have a new HOA document if the responsiblity of the HOA changes hands and some items need to be deleted from the original document. The previous HOA manager was the buider of this complex and managed the HOA and for several years did not pay the property taxes on this HOA and when the new manager took over, he was saddled wtih chanrging the homeownwers a special fee to pay the property taxes on two plots of land that had been sold to two buyers and now the association is having to buy back the property and pay special fees and the former manager claims no liabillity. What to do? I believe that the first HOA document that I did not received at closing is illegal for several reasons and the new manager needs to obtain a new agreement as he has inherited not only an illegal original agreement but has verbally modified the terms but has not provided a new legal agreement and I say he needs to provide a new agreement so that if I sell my home that I can provide to the new buyers. The manager says this requires 2/3 vote from 38 units only 10 of which the buyer lives in the home and the rest are rented. But he verbally modified the original agreement without a vote. So needless to say I have several issues. I thought that if the management changed of the HOA, the parties would be required to solve all unpaid bills before taking over the management and responsibility of a new management and the old manager and builder would be liable for any unpaid property taxes and the selling of property to pay the the people who paid the taxes. Now the association management is saying the tenants are liable for the previous unpayment of taxes and the reclaiming of the property. I would appreciate your thoughts on these issues. Sincerely,
– Sally
Answer:
Hi Sally,
According to Oklahoma’s Real Estate Development Act (REDA) Section 857, the title company closing the sale must provide the buyer with the HOA’s recorded covenants and restrictions. It must have been hand-delivered, electronically delivered, or sent by mail to the buyer’s last known address. Kindly check the mailbox of your last address to see whether you received a copy of the governing documents.
With regards to modifying the governing documents verbally, the HOA often needs to conduct a vote to add an amendment or make any changes. Otherwise, the changes may be unenforceable. Kindly double-check the governing documents to see whether there are requirements regarding amendments and voting.
For further guidance, kindly consult an attorney.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
