A slide show highlighting the important things to consider as to an HOA statute and bylaw from a buyer's perspective.

1. HOME OWNER’S
ASSOCIATIONS
From a Buyer’s Point of View

2. HAPPY BUYER = RETURN BUSINESS
• We all want to feel good about what we do. The best way to do it is by providing excellent
customer service for a happy client, a happy life and for more business.
• New buyers need special attention and extra guidance.
• That’s why educating them as to the purchasing process and how to make a home purchase
that’s right for them is key.
• This seminar will help you help your clients with their education.

3. PURPOSE OF HOA
• A Homeowner’s Association is an organization or property owners elected by home
owners or board appointed directors to administer the bylaws of the community.
• The administration of these rules affect what you can and cannot due with your
property in the interest of protecting the value and security of the neighborhood.

4. FLORIDA STATUTE
• Fla. Stat. 720 governs Home Owner’s Associations.
• http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=
0700-0799/0720/0720.html
• This statute governs the authority of the HOA and provides them with certain
powers.
• It’s important to know when your HOA bylaws were last changed.
• http://www.clickorlando.com/news/new-florida-law-cracks-down-on-hoa-
dictatorships/20741628
• http://www.hoareformbill.net/index2013.html

5. PROTECT YOUR BUYER, PROVIDE
BYLAWS IN ADVANCE
• Bylaws can be located in public records.
• https://officialrecords.broward.org/oncoreV2/Search.aspx
• http://oris.co.palm-beach.fl.us/or_web1/or_sch_1.asp
• BUT, seek advice from counsel for clarification of the laws.

6. PROTECT YOUR BUYER, IS THE HOA
FINANCIALLY SECURE?
• Obtain a copy of the financial records.
• Talk to the residents.

7. THINGS TO LOOK FOR IN THE
BYLAWS
• Are there restrictions on vehicles that can be parked in the driveway?
• Are there restrictions on the external landscaping, construction or decorations?
• Is it a gated community?
• Does it allow school buses inside the gate?
• Does it limit or control renting?
• Is there a Master and a Sub?
• Where, when and how can you pay your dues?

8. IS THE HOA PROPERLY
MANAGED
• The last thing you want is for a buyer to move into a house that is at risk for
sudden HOA rate increases.

9. TALK TO THE RESIDENTS
• Selling a property requires more than knowing the neighborhood statistics. You also need to
know if the HOA stands up to the hype.
• Get to know residents through:
• Community events.
• Phone polls
• Prior sales relationships
• Ask the residents questions:
• Have you had frequent board member turnover?
• Are the rules/promises being honored?
• General Complaints?
• Financial concerns?

10. ENCOURAGE CLIENTS TO BE
NEIGHBORLY
• After buying, the new home owners should develop friends with neighbors
to reduce complaints and to build protections.
• I.e. condo commandos.
• I.e. soldiers in arms against abuses of power.

11. AFTER PURCHASE, STAY INVOLVED
• Encourage buyers to stay involved in the HOA doings.
• Buyers should attend meetings to stay in the know. And, they should
especially attend annual meeting for new board elections.
• http://www.ccfj.net/

12. ASK BEFORE YOU ACT
• Before changing anything to the exterior of the home, encourage your buyer to ask
before they act.
• Ask the HOA
• Ask the City
• This Saves:
• Money,
• Time and
• Aggravation!

13. FINES
• HOA’s may have the power to fine for violations of the bylaws.
• Your options include:
• Pay the fine immediately to prevent more costs and expense.
• Ask for a variance/exemption to the rules, during which if you’re denied you could
incur more fees/costs/fines.
• Litigate, which involves even greater financial risks.

14. FORECLOSURE
• HOA’s have the power to foreclose
• They typically foreclose faster than a lender.
• Same process.
• Pay dues monthly and if a check is returned or the recipient of the dues is
called into question, contact the board immediately for an answer in writing.
• Interest, attorneys fees and costs accumulate fast!

15. BANKRUPTCY
• Bankruptcy CANNOT wipe out an HOA liens through Chapter 7.
• BUT, Chapter 13 Bankruptcy may facilitate working out a payment plan for
arrears while paying current monthly/quarterly dues.

16. UNLAWFUL PRACTICE OF LAW
• DON’T GIVE LEGAL ADVICE!
• You want to help your potential client, but protect yourself always.
• Get it in writing.
• Don’t help with filing Bankruptcies!
• Don’t help with filing Motions!
• Don’t go to Court!

17. KNOWLEDGE = POWER= SALES
• Know your area and the bylaws.
• Advise buyer of rules and obligations
• Encourage them to stay involved
• Follow-up and make sure buyer is
happy with HOA for greater knowledge for future sales.

19. LAW OFFICE OF PEGGY URBANEJA
7401 Wiles Road, Suite 244; Coral Springs, FL 33067
(954) 840.0421; www.urbanejalaw.com
AREAS OF PRACTICE
Title/Closings
Bankruptcy
Foreclosure
Family Law
Personal Injury/Motor Vehicle Accidents