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Board & governance

How does an HOA board keep its owner roster current when homes sell?

By OurHOA · General information · Revised

How an HOA board keeps its owner roster and notice addresses current after home sales, with the TX, FL and CO rules on where official notices must go.

Part of the HOA board handbook: residents and communication.

The short answer

Treat the owner roster as a legal record, not a contact list. Texas and Florida statutes send delinquency, violation and meeting notices to the address in the association's own records, and Colorado's collection steps run on contact details the owner gave the association. A stale roster can sink a notice the board spent two months building toward. Keep one master roster, owned by one person, usually the secretary or the manager. Update it from three triggers: a resale certificate or estoppel request, a recorded deed, and returned mail. Then check every lot against the county deed records at least once a year. Rules vary by state and by your declaration and bylaws. This guide is general education for board members, not legal advice about a particular account.

Why the address on file decides whether a notice counts

Texas. Several Property Code notices go to the owner's last known address as shown in the association's records. Section 209.006(b)(4) uses that address for the notice that must come before a fine, a suspension or a damage charge. Section 209.0094(d) and (e) send the two delinquency notices required before an assessment lien to the last known mailing address in the association's records, the second by certified mail no earlier than 30 days after the first, and subsection (f) bars filing the lien until 90 days after that second notice. If the second notice went to the seller of a home that closed in March, the buyer never got the notice the statute requires. Florida. Section 720.303(4)(a)7. makes a current roster of members, their designated mailing addresses and parcel identifications part of the official records. The designated mailing address is the property address unless the member has asked in writing for a different one. Section 720.306(1)(g) then sends the notices that section requires, which include member meetings, elections and amendments, to that address, or electronically to an owner who consented in writing. The records rule also says an email address given for electronic notice must be removed when the owner revokes consent. Colorado. Section 38-33.3-317(1)(e) requires a list of owner names and the physical mailing addresses at which the association communicates with them, with each owner's votes. Section 38-33.3-209.5(1)(a.5) requires the association to ask owners periodically for a phone number, a cell number for texts and an email address. Subsection (1.7)(a)(I) lets an owner name a designated contact, who must get the same notices, and lets the owner ask for notices in a language other than English. A Colorado roster without those fields is missing information the collection steps depend on.

How the board finds out a home sold

Most sales announce themselves before closing. In Texas, section 207.003(a) gives the association 10 business days to deliver a resale certificate after a request from the owner, the buyer, or a title company acting for either. In Florida, section 720.30851 gives the association 10 business days to issue an estoppel certificate after a request from the owner, a mortgagee or a designee. Those requests name the property and usually the buyer and the closing date. Mark the lot's roster entry 'sale pending' the day the request arrives, with the expected closing date. The other triggers: - The closing payoff. When a title company pays off the account, ask it for the buyer's name and mailing address if the closing statement does not show them. - The recorded deed. Search the county's recorded documents by subdivision name or by owner name. For a 100-home community a monthly search takes about 20 minutes once you have the routine down. - Returned mail. Any statement that comes back undeliverable goes to the roster keeper the same week, not into a drawer. - The appraisal district or property appraiser. Owner names there often lag the deed records, so use it as a cross-check rather than the first source. Cash sales and transfers between family members often skip the title company entirely. That is why the annual deed check matters even when the resale process works well.

What to collect from the new owner

Within two weeks of closing, send the new owner a one-page owner information form. Our guide on the HOA welcome packet for new owners covers what else goes in that envelope. The form asks for: - The name of every owner exactly as shown on the deed - A mailing address for official notices, if different from the property - An email address, plus a separate written consent if the owner wants official notices by email - Phone and cell numbers - Whether the home will be owner-occupied or rented - In Colorado, a designated contact and a preferred language for notices Wording that works on the form: 'The association sends all official notices, including statements, violation notices and meeting notices, to the mailing address you give below. If that address changes, tell the association in writing. Until you do, notices go to the last address you gave us.' Have your attorney check that wording against your declaration once, then reuse it. Until the form comes back, the roster keeps the deed names and the property address. Do not invent a mailing address from a web search.

Owners who are not one person living in the house

The hard entries are the ones where the owner of record is not the person you see at the mailbox. - LLCs and corporations. List the entity as the owner and look up its registered agent in the state's business entity search. Record that address in the entry, ask the entity for a notice address in writing, and ask counsel before relying on the registered agent address alone for a statutory notice. - Trusts. The deed may name the trustee, the trust, or both. Copy the grantee line exactly. - Estates. When an owner dies, keep the owner's name on the roster with a note, and add the executor or heir once you have a recorded deed or a copy of the court papers. Keep billing the account. - Out-of-state landlords. The property address reaches the tenant, not the owner. Get a mailing address from the owner in writing, and never tell a tenant about the owner's account. - Co-owners who split up. Keep every deeded owner on the account until a new deed records, even if one of them asks to come off. When your documents call for notice to the owner, send it to every owner listed on the deed.

A sample routine for a 90-home association

One volunteer can keep this schedule without a manager: - Same day: A resale certificate or estoppel request arrives. Roster entry marked 'sale pending' with the closing date. - Within 10 business days: Certificate delivered, copy saved to the lot's file. - Closing week: Payoff received. Seller's account closed out, buyer added with the deed names and the property address. - Two weeks after closing: Owner information form and welcome packet sent. - 30 days after closing: If the form has not come back, a second copy by mail and email. - First week of each month: Deed search for the subdivision, returned mail reviewed, changes logged. - Each January: Full roster comparison against the county deed records, and every owner asked to confirm their mailing address, email consent and phone numbers. In Colorado this doubles as the periodic request in section 38-33.3-209.5(1)(a.5). - Before any certified mailing: A fresh deed check on that one lot. Add a change log column to the roster: what changed, the date, and the document behind it. That log is your proof if an owner later says a notice went to the wrong place.

Keeping the roster private

A roster full of emails and cell numbers is also a privacy risk. Texas section 209.005(k) says the association does not have to release an owner's contact information other than the owner's address, unless the owner gives written approval or a court orders it under subsection (l). Colorado section 38-33.3-317(1)(e) makes owner names and mailing addresses a record other owners can see, and section 317(2)(b)(I) bars anyone from using a membership list for a purpose unrelated to their interest as an owner without the board's consent. Florida keeps the roster among the official records under section 720.303(4). In practice, keep two files: the full roster for notices and collections, open only to the officers and the manager, and a names-and-addresses version you can produce on a records request. Our guide on how to create an HOA owner directory explains how an opt-in directory differs from both.

Mistakes boards make

- Letting the manager's billing system and the secretary's spreadsheet drift apart. Pick one master and copy from it. - Changing a mailing address because a neighbor said the owner moved. Change it only on the owner's written request or a recorded document. - Leaving the seller's email on the account after closing, so the buyer's first violation notice goes to the person who moved away. - Mailing the budget packet to the property address for every lot, including the rentals whose owners live elsewhere. - Treating a returned certified letter as delivered without asking whether the address was right. Fix the address, then resend. - Skipping the annual deed check because the title companies always call. Not every transfer goes through one.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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