HOA asks for homeowners’ contact information

Q: Our members just received a revised resolution, which changed Tenant Registration Policy &Form to a Community Occupancy Form.

The cover letter to the form states, “Every lot owner or authorized person must prepare the form no matter how long they owned their property, and must be returned within 21 days of receipt, failing to return can result in a notice.”

The form identifies a barrage of legal references that have nothing to do with the subject matter before stating the following, “…………. authorizes (the board of directors) with policy and rule-making authority and shall have the power to enforce compliance by all legal and equitable remedies, and whose obligation is to know the identities of all persons living in the community and the identities of vehicles belonging to residents…….”

This is followed with, “as required by law” and identifies references to our community rules. There is nothing in our CC&Rs that addresses this issue. The new form was on the agenda at our January meeting and apparently the board voted on it. Many of the owners have asked me why we did not have to vote on this issue. Is a membership vote required?

Thank you once again for your assistance.

A: You did not submit a copy of the community occupancy form along with your email. In responding, (based upon many occupancy forms that I have seen) several associations have such a form that is mailed to the homeowners, often once a year to ensure that they have the current contact information for the community.

There are many benefits for having such a form, including when an association needs to contact the residents of the home to inform them of emergencies. The ability to contact a resident by cellphone or by email can be very important when a home has been broken into during the day or when water is leaking from the home.

Many such forms include names and contact information in case of emergencies whereby an association may need to contact the people. There have been countless times when a community manager is seeking the next of kin.

If the home is being rented or leased, such forms would contain the name and contact information of the property management company, which allows the association’s management company to contact the homeowner’s representative concerning their tenants or her property.

In enforcing parking regulations, an association has an opportunity of sending a courtesy letter to the owner as opposed to just tagging and having a vehicle towed.

This form would provide vehicle information that can help an association manager to properly identify the homeowner or the resident so that the proper notification came be made to the owner of the vehicle.

Some associations ask the residents to include information pertaining to pets. Unfortunately, there have been cases where unleashed pets, especially dogs, have harmed other residents and often the owner of the dog is unknown.

This tracking also serves as a way for the residents or management company to locate the proper owners of a pet that was lost.

When an association wants to establish a new rule or regulation, there are two basic requirements. The first is that the rule or regulation is consistent with the CC&Rs and bylaws; and second, the rule and or policy to be voted upon is placed on the meeting agenda. Once the rule and or policy has been passed, the association is required to distribute information to the membership.

Enforcement of the new rule or policy can take place from the date of the mailing. This particular issue would normally not be one that would require a membership vote.

Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.