• How do we locate a contact person in a homeowner associations?
• Why does it take so long for association managers and contact people to return escrow demands and why do they seem angry when we bug them?
• How do I explain to a client what CC&Rs mean?
• Is there an easy way for a client looking for property in a common interest development to determine the most important "do's and don'ts"?
• What items might be important for a buyer to review when they are considering buying a condominium or home in a common interest development?
• How does a common lay person get beyond the legal and financial "gobledegook" in the stack of documents that includes the CC&Rs and Bylaws?

How do we locate a contact person in a homeowner association?

Condoguru:This is probably the #1 question, and I continue to get telephone calls from title company officers for every set of documents I have ever amended that has my name and telephone number on it. It may have been 10 or 15 years since I talked to anyone in that association, but since my name is on the recorded version of the CC&Rs, I get the calls. That is one way to try and locate a contact person within an association (check recorded documents). There is a statute authorizing association to record (at the local county recorder) contact information for the association, but it s not a "legal requirement" to do so and it is little-used. I don't always know how to readily contact the association because although they may still consider me their attorney, I may not have heard from them for 5 or 6 years or more. For more answers on how to locate an association for the purpose of sending an escrow demand, or otherwise, search the articles, publications, FYIs, legal briefs and form pages.

Why does it take so long for association managers and contact people to return escrow demands and why do they seem angry when we bug them?

Condoguru: Perhaps you are not familiar with California Civil Code Section 1368(b) which gives these contact people 10 days to respond to such a "demand", from the date the request comes to them in writing. You may not be a "guilty" party; however a common complaint of managers is that they get calls from realtors demanding immediate delivery of the documents and response to the escrow demand, and sometimes even are threatened with litigation if they don't get the information out that day since the escrow was already supposed to have closed and everyone is waiting. Two questions the managers may have for you are: (1) "what is to prevent you from asking for these documents the day the escrow is opened!" and (2) "Why should I drop all the other hot potatoes of the day that demand my immediate attention for this request?"

How do I explain to a client what CC&Rs mean?

Condoguru:Send the homeowner to this website, and they will get many answers. A good place to start would be the link to governing documents . It is up to you, however, to help them understand that there is a difference between living in a community that has CC&Rs and living in a community that does not, living in a community that has a homeowners' association and living in a community that does not, living in community with rules and living in a subdivision with no rules, other than local ordinances. Search the articles, publications, FYIs, legal briefs and form pages.

Is there an easy way for a client looking for property in a common interest development to determine the most important "do's and don'ts"?

Condoguru: There are resources available to homeowners right here in these web pages. In addition, there are certain sections of the CC&Rs and rules that tend to have greater interest to homeowners as they usually cover what they can do and cannot do, and you will find answers in these web pages as to where to go to look for those particular sections. There is a difference, generally, between which documents contain the restrictions on use and which documents serve other purposes (like CC&Rs and Bylaws - CC&Rs usually cover the land restrictions and Bylaws usually cover the organizational structure of the development). There are professionals who can assist. Search the articles, publications, FYIs, legal briefs and form pages.

How does a common lay person get beyond the legal and financial "gobledegook" in the stack of documents that includes the CC&Rs and Bylaws?

Condoguru: A homeowner could seek out information through articles, publications, the industry groups, the local library, or a professional, which might include a reserve study preparer, an attorney, a manager, or someone who can at least tell them where to look in the governing documents. The importance of understanding the legal documents and financial documents ranks right up there with the importance of having a termite inspection, a chimney inspection, a pool inspection, or a house inspection. It is worth paying the right kind of expert to do those things and provide you with a report or even an oral consultation, Q&A session, or analysis. Search the articles, publications, FYIs, legal briefs and form pages.

What items might be important for a buyer to review when they are considering buying a condominium or home in a common interest development?

Condoguru:Certainly, the governing documents are a given. The governing documents are defined in these web pages and include the regulatory documents and rules and regulations. There are other things that a prospective buyer could look at that would give them some idea of the status of matters within the association and how well it is run, like financial documents, minutes, etc.. However, a realtor and prospective buyer have to understand that the association cannot freely send out information of a private nature, for example, rules, policies, minutes of meetings, etc., without the seller making the request or giving written authorization to the buyer to get the information, since the seller is the one that has the legal relationship with the association. Find out more on this issue by searching the articles, publications, FYIs, legal briefs and form pages.

What if the association won't let the inspector hired by the buyer inspect the common area?

Condoguru: There might be several reasons for this, some good and some just related to obstinacy. Generally, the association is responsible for maintaining the common area, so many boards feel that inspections are not necessary. However, since disputes do arise over who maintains what, and often times exclusive use areas are delegated as the maintenance responsibility of the owners either through the governing documents, rules, or policies, or statutes, it is important for the buyer to have a full understanding of what it might mean to not being able to have those areas inspected. For more information on this subject, search the articles, publications, FYIs, legal briefs and form pages.