So who pays for the community documents?
This is often a point of contention between Buyers, Sellers and agents alike but it’s really a very simple answer based upon one question? Is the property a condominium or is it in a home owners association OR it might even be a condominium located inside a master home owners association but basically…
A) If it is a condominium then the answer is most likely YES the Seller is required to provide the Buyer with these documents. The statute states that should the Buyer request copies of the CURRENT COPY OF THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS AND RULES OF THE ASSOCIATION, FREQUENTLY ASKED QUESTIONS & ANSWERS AND A COPY OF THE MOST RECENT YEAR-END FINANCIAL STATEMENT AND THE CONDO GOVERNANCE FORM as is typically done via a check box on the Condominium Rider to the Contract then the Seller must provide them. Note that it is my understanding that Seller must provide hard copies (printed) of these requested documents and not simply an electronic file. Assuming that the property is NOT new construction then the Buyer has 3 days from receipt of a complete set of these documents to review same and withdraw from the Contract without penalty. THUS, BE SURE TO GIVE THE BUYER AN UP TO DATE AND COMPLETE SET OF THESE DOCUMENTS AND HAVE THEM SIGN A RECEIPT OF CONDOMINIUM DOCUMENTS (RCD-3).
B) If the property is in a Home Owners Association then the Seller is NOT required to do anything except include the HOA rider in the contract. This rider notifies the Buyer that the property is in an HOA and directs the Buyer to look into the requirements of same and allows for the Buyer to withdraw from the Contract without penalty within 3 days of signing the addendum. In this case the Buyer should contact the association and purchase a package of Rules & Regulations, Recorded documents and financials if available. Sometimes, in places like PGA National in Palm Beach Gardens, there is a BOTH a condominium and a home owners association. In this case both A and B apply.
How do I know if the property is a condo or an HOA? The only way is to look at the legal description. If it reads something like…Unit xxx of the yyy condominium as recorded in BK and PG then it’s a condominium.
