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Buying & Selling Real Estate

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Anthony Atyeo
  • State College, PA
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Condo association unwilling to fill out paperwork

Anthony Atyeo
  • State College, PA
Posted Jul 15 2015, 20:44

Hi,

I have a friend trying to buy a condo for a personal residence. She is going with conventional financing and the bank needs some paperwork from condo association before they can proceed with the loan, but the condo association is refusing to fill out the paperwork. Does anyone know what might be going on here or have any suggestions? She really likes the place but this seems like a pretty big red flag for resale.

Thanks,

--Anthony

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Al Wilson
  • Investor
  • Daphne, AL
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Al Wilson
  • Investor
  • Daphne, AL
Replied Jul 16 2015, 18:16
Big red flag. She should contact the association's attorney. Good luck.

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Steve Combs
  • Investor
  • Cary, NC
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Steve Combs
  • Investor
  • Cary, NC
Replied Jul 16 2015, 18:38

She doesn't have a lot of leverage with the HOA at this point. She isn't a homeowner yet. Is there a seller or is it a REO? The seller needs to go demand the HOA fill out the paperwork. If that doesn't work, it would require legal action. This is a big red flag, how bad does the homeowner want the unit?

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Anthony Atyeo
  • State College, PA
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Anthony Atyeo
  • State College, PA
Replied Jul 16 2015, 20:24

Thanks for the responses. There is a seller and I have been told the seller has talked to the HOA with no luck. She does really like the place more than anything else on the market right now because it has basically everything she is looking for in a place, but also understands why it is a big concern. Interestingly the condo next door sold about a month ago with out a hitch, maybe that was a cash deal. If it was conventional financing it makes me wonder if the HOA has an issue with the seller personally, like they owe condo fees or something.

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Brian G.
  • Entrepreneur
  • Miami, FL
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Brian G.
  • Entrepreneur
  • Miami, FL
Replied Jul 16 2015, 20:31

Very strange @Anthony Atyeo I owned a few units with HOA and they all, in their own difficult ways, provided their questionnaires, bylaws and financial books. Huge red flag if they are not willing to secure revenue because of paperwork. Perhaps they are out-of-compliance or insolvent... 😕

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Virginia H.
  • Investor
  • Mobile, AL
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Virginia H.
  • Investor
  • Mobile, AL
Replied Nov 25 2015, 10:37

The buyer should request from the seller a copy of the HOA by laws, financial statements for prior 3 fiscal years, names and contact information for all current board members, and covenant restrictions. See what, by law, the HOA board is required to do. Ask the Seller if there has been anything levied against him by the HOA. Ask the seller if there have been personal issues with any board members or other tenants.

Personally, I would walk away because this is a clear indication of how uncooperative the board is and the problems the potential buyer will have in the future. 

Of course, I am biased.  I hate HOAs. 

My partner and I have investigated HOAs (Certified Fraud Examiners and member of Association of Certified Fraud Examiners).  If you would like me to look over the documents (for free- of course) I certainly will.  ... The devil is in the details! .. Will be glad to help y'all navigate this one for FREE!