Q: I owned a condominium and then a house that both had homeowners’ associations. Rules were not enforced, many owners were delinquent with their payments, and it was unpleasant – especially with the section where my house was. I sold both of them and am looking to buy a house that is not part of an HOA. At what point is a real estate agent, or the owner if the house is for sale by owner, required to tell me if the community has a mandatory HOA? When I am told there is none, can I ask for it in writing? Is there some way I can check on my own to verify there is no HOA before I go look at a house?
In real estate sales, sellers are required to disclose any material fact that any prudent buyer would want to know before completing a purchase. Property located over a toxic waste dump would be an obvious example of disclosure and the need for it. There are less catastrophic issues, like roof condition or a leaking crawlspace but the idea is the same.
Anything that could negatively impact the value or marketability of the property needs to be divulged before closing. While there are usually statutory disclosure requirements of single family house sellers, these same disclosures are generally not required of homeowner association home sellers. This is a huge problem and here’s why:Read more