HOA and Management Companies – update

Posted: February 20, 2008 in General, Virtual Assistant
Tags: , , ,

You guys are really going to like this. This is AWESOME!

Look at this page of the Property Code:

Property Code (Yes, you will have to click on it to read it)

Go to section 207.003. Here is what it says:

(a) Not later than the 10th day after the date of written request for subdivision information is received from an owner, owner’s agent, or title insurance company or its agent acting on behalf of the owner agent, the property owner’s association shall deliver to the owner, owner’s agent, or title insurance company or its agent:

(1) a current copy of the restrictions applying to the subdivision…

Ok, do you see the significance in this?

Take a closer look… Look specifically at the verbage that says, “Not later than the 10th day after the date of written request.” Do you see the time frame in there?

If you call a management company – let’s say you call the one I made up – Cro Pomm – and they are giving you all sorts of grief about how they have 10 “business” days to deliver the docs to you, you can quote to them the Property Code. You can let them know that they are in violation of the law.

In fact, this particular scenario happened to me with Pr…I mean, Cro Pomm. I called the ever so sweet, helpful, and always congenial (barf – yeah right) resale lady on Monday. I informed her that 2 of the resale docs that I had ordered on the 8th were not delivered on the 18th. I told her that she was supposed to have this done within 10 days. She very…gleefully (do you sense the dripping sarcasm?)…said to me, “Excuse me sir! I have 10 business days to deliver those.” I did not remember that word “business” being anywhere in the property code. Thus, I researched it. She is wrong. I was right.

So, here is the e-mail that I sent to her today (I will leave her name out):

You told me on February 18th that you have 10 business days to complete the order for resale docs. I have attached a copy of pg. 426, Property Code. It states the following:

“207.003. Delivery of Subdivision Information to Owner

(a) Not later than the 10th day after the date of written request (I don’t see the word “business” in there) for subdivision information is received from an owner, owner’s agent (that would be me), or title insurance company or its agent acting on behalf of the owner agent, the property owner’s association (this is you) shall deliver to the owner, owner’s agent (this is me), or title insurance company or its agent:

(1) a current copy of the restrictions applying to the subdivision…

And then it goes on to state everything that you are to deliver to me. My question is this – I ordered resale docs for [address of property] (order # 7-182555) and [address of property] (order # 7-182280) on February the 8th; it is now February 20th – why are these docs not delivered per the written law?

If, in fact, you do have 10 business days to deliver the docs, can you please e-mail or fax back to me proof of this? I am also going to research what sort of compensation you owe to the Seller and/or the Agent for breach of contract.

Sincerely,

Dustin Curlee
Transaction Manager/Realtor®
Keller Williams Realty Heritage
210-493-3030, Ext. 1191
http://www.soldtoclose.com

I have not received a response so far. But, oddly enough, I did receive one of the resale packages already. Isn’t that interesting?

Hmmm…. So here is what I am encouraging you to do – besides use me for your listings and transactions so that you don’t have to worry about these details – I am encouraging you to stand up for you and your clients rights. Don’t allow the management companies to get away with this. I spoke with our ever so intense risk manager, Hank Braunstein, today. He said that they (he and some other folks) are trying to legislate this from a state level. Go Hank Go!

Tomorrow I am going to write another blog about an unbelievable thing that happened at a closing yesterday. Yes, it has to do with a management company.

Have a super day!

Dustin Curlee

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