In our area we can actually get CC&Rs from our title company.  The real challenge here is getting the financials -- I have a local HOA that thinks that is confidential information and they don't have to provide it until someone owns a property -- being a small town these folks just don't understand and it is a struggle.  I'm just going to have to cross that bridge when I come to it.

Here in Virginia where I sit, the buyer can void the contract until they get the docs and up to several days following receipt of the docs.  Doesn't the seller know they're playing Russian Roulette when they procrastinate with the Docs. 

My buyers always ask, why don't they want us to see the docs?????  If we can't get the docs, we just keep looking.

Some actions simply defy logic. 

The sellers were given a copy of the HOA when they purchased the property and probably put them 'in a safe place' which they now have to find.  I agree that the seller should start looking for this document before they list or order it when they list.  Thanks for writing.  Veronica

I have my sellers order the HOA docs when we have an accepted contract of sale. That way they are sure to be current and complete. I tell them to order them first thing the next business morning and remind them that day as well. Some sellers think they can use the set of HOA docs they received when they bought the property.

I agree getting the HOA docs up front is part of our professional duty to our clients and potential buyers. Some sellers just drag their feet and make excuses. Others may have some valid reasons.

I can pretty much tell what kind of seller I have the first week I have the listing and how they act. During my listing presentations they say they are very motivated and excited to list with me. After I get it on the market and invest my time and advertising. They either get excited and continue to help, or they slack off and expect the agent to do everything and more for them.

I scanned a Notice to HOA form that I use for all of my listings. I'm not sure if your state realtor's association has this form available. This one is from FAR.

Thank you all for your comments!  What an amazing online community of real estate professionals. I am so glad I joined! 

I liked the comment about sellers playing Russian Roulette - they really are turning away motivated and qualified buyers.

There is a perception that the sellers are hiding something when they don't want a buyer to see the disclosure docs. It's almost like we are asking for their medical records and not the history on the home - classic example of how "attached" people get to their homes. A seller must depersonalize and detach before selling their home. With the disclosure laws being what they are - this is one area where trying to hide something may come back and bite a seller.

The concept of ordering HOA docs once the contract is accepted does make sense to me although it is not my practice. My experience is that it takes management companies too long to provide the docs - and I don't want to take the risk of losing a buyer because we are waiting on HOA docs. One of my buyer clents just walked because she was tired of waiting to receive the documents and the delay made her suspicious - she bought another property that had all disclosures available.

The Request for HOA docs in Florida is similar to California - what a great idea to scan and post it - thank you!

I always ask for the HOA docs when I take a listing. Otherwise it burns up the buyers option period waiting and waiting for the docs. I feel it is part of my job to prepare the listing and I wish more Realtors felt the same. I hate the waiting game.

Betina

I read the post and the comments. First of all, the Sellers have or had it in their hands when they bought the condo (or any other property). If they have lost it, they can order but usually they are being charged and it is most often about $35.

We never ask Sellers for condo docs upfront. This is part of due diligence. When there is a contract, we either would get it form the Seller, or print a copy of the Condo Docs, that we either have in our office, or can print from the Internet, as they are public record.

I only want to say that we have been selling condos for a long time, and we used to give the condo docs to the Buyer, and we stopped doing it, as way over half of all the prospects did not even get to the writing the offer, when we tell them that the Doc will be available to them once there is an accepted offer. We just had Condo docs walking out of the door and the best part was that people did not even look at them.

I would also like to address the issue of financial statements. Yes they are private and they should be. Professional ethic would suggest that you do not touch them. When there is a bilateral contract, then we have the Seller to request those documents for the Buyer, and we do not take them. This helps you keep good relationship with the associations, when you clearly tell them that you do not touch and see that, and only provide them for the Buyer according to law.

Same thing with condos that are rented out. We would never get into the rental income discussion regarding particular unit. When bilateral, the Seller (or the management company upon the Sellers' request) would provide it to the Buyer.

There is another layer in dealing with condo-hotels, but this was not the question.