Glossary

What is a constructive notice?

The legal rule that a person is treated as knowing what the public records contain. A buyer is bound by the recorded CC&Rs whether or not they read them.

In Havn

Havn keeps every notice to an owner, by email, text, or mailed letter, on the person's record with the date and the delivery result.

Communications

Recording a document in the county's land records gives constructive notice of it to everyone who later takes an interest in the property. That is why the declaration is recorded: a buyer cannot escape a covenant by saying nobody told them. It also applies to recorded amendments and to a recorded lien.

Actual notice is the opposite: the person really knew. Associations rely on constructive notice for the declaration and on actual notice, meaning letters and emails, for rules, meetings, and violations, which is why notice procedures in the bylaws matter.

Keep Reading

Guides

Templates

  • HOA Annual Meeting Notice TemplateA free HOA annual meeting notice template: date, place, agenda, the election, quorum, and the proxy or ballot enclosed, written to meet the notice window in your bylaws.
  • HOA Violation Notice TemplateA free HOA violation letter template: the rule cited, what was observed and when, the photo, the cure date, what happens next, and how the owner can respond or request a hearing.
  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.

Laws and Documents

See how Havn handles it with your own community.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.

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