How to get the HOA documents before you buy, and how fast
The documents that tell you about an HOA's money, rules and problems already exist, but nobody hands them to you automatically. Here's who has them, exactly what to ask for, and how to get them in time to use them.
Who has the documents
- The seller and the listing agent. Many sellers order the package when they list, and some listings include the condo documents as attachments. Ask your agent to request them as early as possible, even before you make an offer.
- The management company. Most associations use one, and it prepares the resale package and the resale certificate, often through an online ordering portal. The seller or their agent usually places the order.
- The county. The declaration or CC&Rs, and their amendments, are recorded at the county registry of deeds or recorder's office. Many counties let you search and download them online.
What to ask for
Ask for the full resale package by name, item by item. A package that only includes the rules and a budget leaves out where problems usually show up.
- The declaration or CC&Rs (master deed in Massachusetts), bylaws, and rules and regulations, with every amendment.
- The current budget and the latest financial statements.
- The reserve study.
- Board and owner meeting minutes from at least the last 12 months. They're often left out unless you ask, and they're where special assessments and lawsuits show up first.
- The resale certificate (or estoppel certificate): what's owed on the unit, and any assessments.
- The master insurance certificate.
- If you're getting a mortgage: the condo questionnaire, which your lender orders.
How fast you can get them
Many states set a deadline once the association gets a written request. For example:
- Massachusetts: the association must provide the 6(d) certificate within 10 business days of a written request, and once it's recorded, it's binding on the association.
- Virginia: the resale certificate must be delivered within 14 days of a written request from the seller or the seller's agent.
- Florida: the seller must give you the condo documents at the seller's expense, and you usually have 7 days, not counting weekends and holidays, to review them. See the Florida condo guide.
Management companies often charge more for faster delivery. Who pays for the package depends on your state and your contract; often it's the seller.
Get them in time to use them
- Make your offer subject to your review of the HOA documents, and write down when that review period ends.
- Request everything in writing, by email, so there's a record of when you asked.
- Read the minutes and the reserve study first. They're the most likely to change your mind, and the slowest to get answers on.
- If something's missing, ask for it right away. The clock on your review period usually keeps running.
Once you have them
Upload the package to HOA Fine Print. The report lists the red flags with the page each one is on, says which key documents are missing, and writes the email to the HOA asking for them. Add your review deadline when you start, and the report shows how many days you have left.
This guide is general information, not legal advice. Deadlines and fees vary by state and change over time; the examples above are from Massachusetts General Laws chapter 183A section 6(d), Virginia Code section 55.1-2309 and Florida Statutes section 718.503.