If you own one or are thinking of buying a home in a planned development (PUD) in Gilbert, it’s important to first take a look at the basic guiding documents. An HOA must always act in accordance with certain terms and conditions articulated in these governing documents. These documents include HOA bylaws.
The HOA bylaws are important guidelines as they describe how the association is run, regulations surrounding fees, the procedure for voting, and contain rules on how meetings are held. As a potential member or owner of a home, you will want to know as much as you can about what is contained in the bylaws of your community. Buying a property in such a community in Gilbert means you automatically agree to comply with their bylaws. But is it even legal to inspect these laws?
Getting the documents
HOA bylaws vary considerably. However, the right to review the community documents is uniformly recognized in Gilbert. At the end of the day, the ultimate purpose of the association is to benefit homeowners. Under common law, all PUDs owe a duty of care and good faith to its members. So how do you find these documents?
You should be able to get these documents either from your real estate agent or the title company handling the purchase transaction in Gilbert. Many times, the seller of a house will already have them. Other times, the community management company in Gilbert may be able to provide them as well.
Viewing the documents
If there are any chances that your HOA has contracted a community management company, then it’s possible that they have a website. In such a case, the governing documents are most likely online and readily available for viewing. In some jurisdictions, the documents are available from the local registry office website or the county courthouses as they are legal documents that must be filed.
You will need to know the name of the community to view its information. It might also help to add the property address, parcel ID and subdivision name of the community. This information can be obtained from the county assessor’s office for Gilbert or online. Find your association’s contact information and view the recorded information. Make sure that no other HOAs are tied to the one property. It happens.
Although you may not need to go through every item in the bylaws, reviewing the key points will help you understand and evade any issue that might impact you as the homeowner. Take special notice of what actions the HOA can take without a vote from the members. This is the major part that affects affordability and enjoyment of living in a planned development.