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How to Find HOA Documents Rules and Regulations

How to Find HOA Documents Rules and Regulations

Are you considering purchasing a property that has a homeowner’s association or condo association? Before you consider renting or buying a home in a covenant-enhanced community, you should be aware of and fully comprehend the rules that govern the community.

Unfortunately, many find themselves unable to locate the appropriate documents in time since the real estate market can move so quickly. As management changes often, it's easy for a homeowner to find themselves unsure who the homeowners association contact for their own association is. 

We get 3 main questions from people in regards to their HOA:

  • Who manages the HOA or who is the contact for the HOA?
  • What are the current dues?
  • How can we get a copy of the governing documents that dictate the rules for the community? 

There is no central database for HOA management or documents. HOA management turns over often as the Board of Directors changes annually. That makes finding information very challenging as it often changes. Due amounts are set by the board on an annual basis according so you'll have to find who manages the association to get an accurate answer for that question. Here are a few of our best tips on how to locate this information.

Check the Legal Description
The local property appraiser's website will have the legal description of your property. In the legal description, you can see the neighborhood name. You can start researching once you have the community name. 

Check with local HOA Management Companies
If you know for a fact that the HOA or COA is professionally managed, check with some of the homeowner association management companies in town to find out if they manage it or if they may know who does. Many management companies have a list of managed associations on their website. Some of the experienced management companies even have the due information and governing documents available on their website for the public. Even if the management company does not manage the association, they may know who does or might have some previous association with the HOA. 

Conduct a Quick Internet Search
Sometimes, a quick Google search will reveal an association webpage, Facebook page, or a page on some other public forums like NextDoor, that will provide you with the information you need to contact the members of the association or Board of Directors.

Check County Records
This is the best time Often times, the county the association is located in has a record of these governing documents online. Always check with either Escambia County Clerk of Courts or Santa Rosa County Clerk of Courts if you are searching for a homeowner's association in the Pensacola area. 

You can find the Pensacola area association documents under "official records" in the Escambia County Clerk of Courts website. Just search by name of the association and you should be able to find the official documents recorded by the association including the covenants and restrictions, bylaws, plat map, and official amendments to the governing documents.   

Search the Division of Corporations
All associations should be registered with the Florida Department of State Divisions of Corporations. You can search their website here. While you will not find the documents here, you may find the contact listed as the "registered agent" or on the annual report. The annual reports filed by Home and Condo Owner Associations typically have names and addresses for those who govern the subdivision including the registered agent, president, vice president, treasurer, and secretary of the association. 

This will also show if the HOA or COA is still active or has been dissolved and changed to inactive which can happen from time to time. Be aware that associations of the same name may exist in different cities so always verify the city listed on the record. 

Check with Residents in the Community
If you happen to know someone who resides in the community, you can ask them who manages the community and they can surely point you in the right direction. 

Buying or Leasing a Property?
It is ultimately the responsibility of the owner of the property to provide the buyer or tenant with the governing documents and other necessary HOA information. Florida law allows for certain disclosures to be made to home buyers when purchasing properties that have a homeowner’s association (HOA) or a condo association (COA). You should always request the governing documents of any association prior to purchasing your home. If you are selling your house, check the folder the title company gave you when you closed to possibly locate the documents. 

It is best practice to be very familiar with all guidelines in order to make for a most peaceful environment and to enjoy your new home and new neighborhood to the fullest! 

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