[wwu123]

I keep reading in threads on buying property in Las Vegas to read the HOA CC&R's yourself so you know what rights and restrictions you have before purchasing.

I am currently in contract to purchase a SFR in Sun City Anthem that my parents will move into. I have asked my Las Vegas realtor to get them for me several times, he says he's asked but can't get them until closer to closing.

I can't even verify fundamental questions like whether the 55-and-over age restriction applies only to the resident of the property or also to who's on the title. Nor can I verify firsthand whether my wife and I (in our 40's) will have rights to use the amenties as nonresident co-owners.

So how does one get informed before already committing money down for escrew, appraisal, loan application, etc? Will the SCA HOA send me a copy of the CC&R's immediately if I ask them directly?

[Willy702]

Yes they will send them, but in almost every case charge a ridiculous fee to get them when all they are doing is basically printing or copying them. Also be prepared, the HOAs can take a few days to do this simple print job if they feel like being lazy.

You have to get them, by law you can't close without acknowledging the receipt of the CC&Rs and signing some documents required by the state explaining your rights and obligations when living under an HOA. You have a window of time where you can rescind the purchase if you find something in them you object to. Usually the sellers will push for you to get them as soon as you can so that window of rejection doesn't run after the close.

[olecapt]

The standard protocol is for the seller to buy the document package from the HOA and provide to the buyer. Purchase by the seller is a legal requirement. It is often done electronically...though the buyer is supposed to agree to that. After you receive the docs you have 5 days during which you may cancel the purchase contract.

If you close without receiving the package you are out of luck. Closing waives your right to receive the package.

There also is no waiver of HOA rights if you don't get a complete package. The seller is in violation of the law but the HOA can still enforce whatever you should have gotten.

I would jump on my agent in any Sun City if I did not receive the docs in a timely manner. The HOAs have pretty good systems to provide them.

The seller can build his own package. Tricky though. Hard to know that a seller built package is up to date and accurate. Transfer fees must be included in the package and may be difficult for any other than the HOA to calculate.

[wwu123]

Thanks folks, I will ask my agent to press the seller to get them quickly. I know the seller and seller agent don't want the deal to fall through.

[Willy702]

Damn I wasn't told the seller had to pay for that. I paid $50 I think it was to Rhodes Ranch to get about 25 pages I wanted to read and 100+ pages I didn't pay much attention to (mostly the financial statements in detail only an auditor could want). In any case it was mostly bad quality printouts of scanned documents and I thought it was ridiculous to get charged so much for essentially just bringing up documents on a screen and pushing print.

[mricu]

Even if the seller didn't pay for it, I'm sure you can itemize it as a tax deduction on your taxes. Consult your tax advisor to maximize your return!