Question and Answer Regarding Homeowners’ Association Documents

Question: I am the listing agent. My seller is refusing to pay to obtain the homeowner association's documents. The seller claims that he has all of the required documents and can produce them to the buyer. How do I proceed?

Answer: Legally, it is the seller's responsibility to provide all of the homeowner association documents to the buyer. However, if you are the listing agent and the seller misses a document, the parties could assert a claim against you for failing to confirm that all statutorily required documents were provided. There is a checklist of required documents on the CAR forms HOA 1, HOA 2 and HOA 3. It is advisable to provide these lists to the seller and ensure that all documents that are required are being produced. If so, the parties can acknowledge receipt of the documents. If documents are missing, the seller should obtain them from the HOA management company.

-Shannon B. Jones, Partner, sbj@sbj-law.com

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