When a property located within a homeowners association is listed for sale, who is responsible for supplying the relevant documents to the prospective buyer?

In the context of a homeowners association (HOA) and the sale of a property within its jurisdiction, the responsibility for supplying relevant documents to prospective buyers is typically assigned to the HOA, especially in cases where there are more than 50 units. This requirement is established to ensure transparency and provide potential buyers with all necessary information regarding the rules, regulations, and financial health of the HOA.

When a property is within a larger community governed by an HOA, the association is mandated to provide documents like the CC&Rs (Covenants, Conditions, and Restrictions), bylaws, and financial statements. These documents are essential for potential buyers to understand what they are committing to and what obligations they will have once they purchase the property.

This practice also helps protect the interests of both the buyers and the HOA, as it ensures that buyers are fully informed about the community's governing rules and any fees or assessments they might be subject to after the purchase. By placing this responsibility on the HOA, it streamlines the process and guarantees that all prospective buyers receive consistent and accurate information directly from the source that maintains these records.