Buyers of a Short Sale and Homeowners Association Violations

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Real Estate Agent with Century 21 New Millennium

Hope someone can help with this.  My buyers (here in Virginia) have a contract on a short sale.  HOA Resale package comes back and states that the present seller owes $1,000 in back fees and late charges but also he has been in violation for an fence that encroaches on the common area by 4 feet and it must be moved.  If my buyer goes ahead with the sale..does he have to pay the $1,000 overdue from the sellers?  Also, he inherits the fence issue, correct?

Appreciate any and all feedback on this...

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