Is the escrow company required by law to provide CC&Rs to buyers in escrow? I'm bought a new construction townhome and some buyers never

Asked by J I, New York, NY Thu Jul 28, 2011

received it. What recourse do we have for those homeowners who never received them from Escrow and now aren't abiding by the CC&Rs? Some homeowners who didn't receive them (and were told they didn't exist because it was a new development) closed escrow after some people who DID receive the CC&Rs and bylaws.

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Bill Hooper, Agent, Los Angeles, CA
Fri Jul 29, 2011
Escrow orders a title report at the start of escrow, the CC&R's are part of the "Underlying documents" that affect this title report and should be included with the package you receive. This package will also include other Home Owner Association (HOA) information, such as, 12 months of HOA minutes, financials, by-laws & a reserve study report.

Since this is new construction, there will be no minutes (the board has yet to be appointed), no reserve study since it's a new HOA, and minimal financials (the builder typically initially funds the reserves, maybe $10K). The CC&R's & by-laws should be available. The CC&R's are a recorded document, orginally filed with the tract map, as part of the process. The by-laws are not recorded, since they are an instrument of the HOA board to manage the day to day operations and controls over the entire project.

Every buyer should be presented with full documentation once their offer has been accepted and escrow opens. I hope this will provide some clarity for you!

Bill Hooper
RE/MAX Westside Properties
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Matthew Bart…, Agent, Glendora, CA
Thu Jul 28, 2011
Hi Jl,

CC&R's are typically ordered as soon as Escrow opens. Either the Escrow Officer will order them, or the Listing Agent's Transaction Coordinator. I recommend that you speak with an Attorney that specializes in Real Estate law. Be sure to bring all documentation from the purchase of your home with you. Good luck!

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