Buying a home is an exciting experience, but it comes with a lot of paperwork, including the HOA Resale Package.
This document may seem like just another piece of paper in the pile, but it’s actually a critical part of the buying process that could make or break your decision to purchase a property.
In this article, we’ll dive into what an HOA Resale Package is, why it’s important, and what it typically includes.
So buckle up and get ready to learn everything you need to know about HOA Resale Packages.
1. What is an HOA?
Before we dive into the nitty-gritty of HOA resale packages, it’s important to understand the concept of a Homeowners Association (HOA) and the role it plays in your community.
An HOA is essentially a governing body made up of residents within a particular neighborhood or community.
Its primary function is to ensure that all residents comply with certain standards, regulations, and guidelines to maintain a high quality of life and aesthetics in the community.
These standards may include maintaining lawns and landscaping, ensuring proper upkeep of shared facilities like a pool or gym, and enforcing rules regarding parking, noise levels, and other aspects that affect the community’s harmony and functionality.
HOAs are typically governed by a board of directors elected by the residents, who make decisions on behalf of the community.
These decisions may include everything from setting annual budgets, enforcing rules and regulations, and even filing lawsuits against homeowners who violate these guidelines.
While it’s true that HOAs can sometimes be a source of frustration for homeowners who feel like they’re being micromanaged or unfairly targeted, they can also provide numerous benefits, such as increased property values and a more cohesive and attractive community.
Ultimately, HOAs play a vital role in maintaining and improving the quality of life in a community, and understanding their function is crucial for any homeowner or potential buyer looking to purchase property within an HOA-governed neighborhood.
2. What is an HOA Resale Package?
Are you considering buying or selling a property within a homeowner’s association (HOA)?
If so, it’s essential to familiarize yourself with the HOA resale package.
This package, also referred to as an HOA disclosure package or HOA resale certificate, contains a wealth of information that can impact your transaction and provide valuable insight into the community.
So, what exactly is an HOA resale package?
Put simply, it’s a set of documents and disclosures provided by the HOA to the buyer or seller of a property within the community.
This package is intended to inform the parties involved about the property.
Think of the HOA resale package as a snapshot of the property’s history and current state of affairs.
It typically includes important details such as the property’s current assessment status, any liens or due payments, and any upcoming or pending assessments that may impact the buyer or seller’s finances.
The package can also provide information about any ongoing or upcoming community projects, such as repairs, renovations, or other initiatives.
As a buyer or seller, the HOA resale package is an essential tool that can help you make informed decisions about your transaction.
By reviewing the package thoroughly, you can gain a deeper understanding of the property’s financial and operational health, as well as any potential risks or benefits associated with the community.
3. Why is an HOA Resale Package Important?
When it comes to buying or selling a property within an HOA, an HOA resale package is your golden ticket to a successful transaction.
Not only does it contain valuable information that can affect the sale and the property’s value, but it’s also the key to avoiding any unexpected surprises along the way.
For buyers, the resale package is like a crystal ball that reveals any potential issues that could impact your decision to purchase the property.
Are there any outstanding assessments that need to be paid?
Any pasky violations or disputes that need to be resolved?
You’ll find all this information in the resale package, so you can make an informed decision before signing on the dotted line.
The resale package is also a lifesaver for sellers who want to avoid any delays or unexpected costs during the sale process.
By disclosing any issues upfront, sellers can ensure a smooth and seamless transaction that doesn’t leave them with any costly surprises down the road.
Not to mention, you’re legally required to provide one to your buyer.
So whether you’re a buyer or a seller, the HOA resale package is your best friend in the world of real estate transactions.
Don’t leave anything to chance – make sure you request and review this important document before closing the deal.
4. What Does an HOA Resale Package Typically Include?
An HOA resale package typically includes the following documents and disclosures:
HOA Governing Documents – The governing documents of the HOA, including the bylaws, articles of incorporation, and CC&Rs (Covenants, Conditions, and Restrictions), outline the rules and regulations of the community.
Financial Information – The HOA’s financial statements, budget, and reserve study provide insight into the HOA’s financial health and potential future expenses.
Assessments and Fees – A statement of any outstanding assessments or fees owed by the seller, including special assessments, late fees, or fines.
Violations and Disputes – A record of any outstanding violations or disputes involving the property or the seller, including notices of violation, fines, or pending legal actions.
Insurance Information – The HOA’s insurance policies and coverage, including liability, property, and directors and officers (D&O) insurance.
Meeting Minutes – Minutes from recent board meetings provide insight into the HOA’s recent activities and decisions.
Miscellaneous Information – Any additional information that the HOA deems relevant, such as a welcome letter, a community map, or a list of amenities.
5. Do You Need to Purchase a Resale Package as a Seller?
If you’re planning to sell your home in a community with an HOA, you may be wondering if you need to purchase a resale package.
The short answer is yes, it’s typically required by law.
In most states, the seller is legally obligated to provide the resale package to the buyer within a certain timeframe.
Failing to do so could lead to serious legal consequences, including the voiding of the sales contract.
While the specific requirements can differ from state to state, most states require sellers to provide the HOA resale package to the buyer during the sale process.
Failing to do so could lead to the buyer canceling the sale or legal action being taken against the seller.
This is why it is critical for sellers to work closely with their HOA management company or association to ensure they are following the guidelines specific to their state.
Even if your state does not have specific laws concerning HOA resale packages, it is still recommended to provide one for the buyer.
Buyers want to know as much as possible about the property they’re considering purchasing, and having all the necessary information available can make the process go more smoothly.
This will not only expedite the sales process but also make it much simpler – and that’s something everybody wants!
6. Do You Need to Purchase a Resale Package as a Buyer?
No, buyers typically do not pay for a resale package since that obligation is left to the sellers.
However, if you’re a buyer, you definitely want to make sure that the seller is providing you with a resale package.
It’s like getting a receipt when you purchase something — you want to make sure that you’re getting what you paid for.
And in this case, what you’re paying for is not just a house, but also a membership to an HOA.
Now, let’s say you’ve found your dream home and the seller hasn’t provided you with a resale package.
That’s a red flag.
Without the information contained in the package, you could be left in the dark about any issues that could impact your property or your bank account.
And trust us, surprises are great for birthday parties, but not for home buying.
The good news is that most states require sellers to provide a resale package to buyers.
So, if you’re in a state where it’s required and the seller isn’t providing it, you have some leverage to make them do so.
But even if you’re in a state where it’s not required, we highly recommend that you request one.
It’s better to be safe than sorry when it comes to protecting your investment.
7. Who is Responsible for Filling Out the Details on the Resale Certificate?
When it comes to preparing an HOA resale certificate, the responsibility typically falls on the HOA management company.
This is because the management company handles all the accounts receivable and other financial matters for the association, making them the most knowledgeable about the property’s financial status.
In some cases, there may be a fee associated with preparing the HOA resale certificate.
This can vary depending on the state you live in, as some states allow associations or management companies to charge a fee for this service, while others do not.
For HOAs that don’t have a management company, the responsibility of preparing the resale certificate may fall on the HOA board or a staff member.
While this may seem like a simple task, it’s important to note that these individuals are typically less experienced than a management company and may make mistakes or miss important details.
8. How to Request and Review an HOA Resale Package
If you’re buying or selling a property within an HOA community, you should request an HOA resale package as early as possible in the transaction process.
You can typically request the package from the HOA management company or the board of directors.
The package may be provided in electronic or hard copy format, and there may be a fee associated with obtaining the package.
Typically, the HOA is responsible for providing the information included in the Resale Package.
This may involve working with a management company or other third-party provider to gather the necessary documentation and compile it into a single package for the buyer.
Once you receive the HOA resale package, it’s important to review the documents carefully and thoroughly.
Look for any outstanding assessments, violations, disputes, or other issues that could affect your decision to purchase the property or impact its value in the future.
9. Who Pays for The HOA Resale Package?
One of the questions that often arise when it comes to HOA resale packages is, “Who pays for it?”
The answer to this question can vary depending on the state you live in.
However, in most cases, the seller is the one who is obligated to pay for the HOA resale package.
This is because the resale package is considered a necessary component of the sales transaction, and it is the seller’s responsibility to provide the buyer with all relevant information about the property.
Depending on the state, sellers have a certain number of days to provide the buyer with the necessary documents for the resale package after accepting an offer.
In some states, this can be as little as two days, while in others, sellers may have up to ten days to provide the documents.
It is important to understand the laws in your state to ensure that you are complying with all necessary requirements.
Once the seller provides the HOA resale package, the buyer has a specific amount of time to review the documents and cancel the purchase contract if they see something they don’t like.
Typically, buyers have five calendar days to review the documents and cancel the contract without penalty, but this timeframe can vary.
10. How Much Does an HOA Resale Package Cost?
When it comes to the cost of an HOA resale package, there is no one-size-fits-all answer.
The cost of the package typically varies depending on the governing HOA and the specific state regulations.
However, as a general rule, HOA transfer fees usually range between $100 to $400, although this cost can sometimes go higher or lower.
So, before selling a property within an HOA, it’s essential to factor in the cost of the resale package to your overall budget.
11. How Long Does an HOA Resale Package Last?
The HOA Resale package does not expire, but it’s only valid for a set amount of time, usually around 30 days from the preparation date.
If the buyer decides to back out of the sale before this period, there’s no need to worry about the resale package’s validity and you can share it with another potential buyer.
However, if the buyer cancels after the 30-day period or you don’t receive another offer until after 30 days from the time it was prepared, a new resale package will need to be requested and purchased.
It’s important to note that the HOA resale package’s validity date is not a deadline for closing the sale, but rather a period in which the buyer can review and consider the property’s HOA disclosures before making a final decision.
Conclusion
In conclusion, the HOA resale package is a crucial set of documents that both buyers and sellers need to be aware of during a real estate transaction.
It provides important information about the property and the community and can impact the outcome of the sale.
Additional Resources
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Disclaimer: we are not lawyers, accountants or financial advisors and the information in this article is for informational purposes only. This article is based on our own research and experience and we do our best to keep it accurate and up-to-date, but it may contain errors. Please be sure to consult a legal or financial professional before making any investment decisions.
Prior to starting Gokce Capital, Erika received a Bachelor of Architecture from the University of Southern California and a graduate degree in Urban Policy from Columbia University. She worked as both an architectural designer and engineer in New York before joining the New York City Department of Housing Preservation and Development.
Erika currently lives in the New York Metropolitan area with her spouse, daughter and cat. She is originally from Chicago and still considers herself a midwesterner at heart.
Erika also loves to read, write and travel (fun fact, she has visited all 50 states and more than 30 countries!). Her new book, Land Investing Mistakes: 11 True Stories You Need To Know Before Buying Land, is now available on Amazon.