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Receipt of Association Packets in Real Estate

  • Writer: Adam Garrett
    Adam Garrett
  • Sep 11, 2023
  • 12 min read

Updated: Oct 1

Please review the association packet once it's in and let your agent know if you have any questions or feel free to reach out to the association directly.


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Above: Example of Association Pool, ClubHouse, Dock, Trail, & Playground - Image by Adam


Prior to Receipt

If under contract on a house, prior to receipt of the association documents, you should see what information your home insurance company will need that you don't have yet.

The 1st Things to Do Upon Receipt

  1. Find the point of contact for the association manager (the 1st item listed on the resale certificate).

  2. Consider getting a 3rd party report on the HOA packet. Examples include:

  1. Go through the documents quickly to see if any are stated as missing. Look for & order by the smallest size documents in a PDF detail view prior to opening any.

  2. Email the manager &/or call them, asking for the most recently available versions of any missing documents even if the documents are not completely up to date, CCing your buyer's agent.

  3. Check for current association violations at the property you are purchasing (typically cited in section 15 of the resale certificate).

  4. Check for any missing fees, i.e. monthly assessments that aren't included in the main monthly fee (typically cited in sections 4-7 of the resale disclosure).

  5. Send the association documents to your home insurance company (required in VA for mortgages, and recommended even if purchasing in cash; some associations also require that owners have their own insurance) and to your lender (if acquiring a mortgage).


Keep in mind that if the resale certificate has a blank section, it may or may not apply. For instance, I've received a packet where there were HOA violations in the packet even though section 15 of the resale certificate was left blank.

Getting Assistance from AI to Navigate the Packet

I recommend using AI to assist you with the packet as well.


Jared Lafitte has an AI-based model available. You can reach him at Jared@docusage.ai & 720 917 9813. DocuSage offers premium AI models trained on your key documents for long-term, multi-document use. These models offer deep, detailed dialogue and insights about your real estate documents.


Eli Report also offers an AI-based model for association documents. The first report is free, and subsequent reports are $39.99.

Importance of Buyer Promptly Going Through Packet

Please review the association packet once it's in promptly to allow for response times from the association to your questions prior to the tight deadlines associated with these packets. With some exceptions, buyers in the state of Virginia often have 3 days from the later of the receipt of the HOA packet or the date of contract ratification to request that anything that the HOA states is a violation to be remedied (so look out for those) & to get out of the contract if something about the HOA policies etc. is so bad that you'd prefer to not buy in the community.


The typical deadlines are based on calendar days, not business days, so if approaching a weekend &/or a holiday, beware.


In some cases, the point of contact provided in the welcome letter is not the best point of contact to reach out to for questions. If you're waiting to hear back after leaving a voicemail or sending an email, Google the association to see if there is different contact info, especially if the association is managed by a professional company.

Importance of Prompt Questions to Allow For Response Times by Deadline

Associations can take days or weeks to respond at times, so be sure to promptly ask any questions and follow up if they don't quickly respond. Ideally reach out to them directly and CC your agent on an email to them (in case your agent can answer and to give them accountability on their response time) and following up with a call/voicemail if you haven't heard back within 1 business day is best. If I'm your agent & you need to call and would like to conference me in, just let me know, and if you'd like me to set that up, just let me know. It's ideal to hear back in writing, and if you have to get them by phone, recording the name of the person you speak to, their position, and notes on what you asked and what they said for future reference. It's not unusual for Condo associations to be relatively unresponsive so if you are able to review and make that initial contact on the date of receipt, that would be ideal.


Don't be surprised if your agent doesn't answer some direct interpretive questions you have about the HOA/Condo documents. Per an article published by NAR on navigating HOA rules:

"Agents should be careful not to engage in “unauthorized practice of law,” which violates Article 13 of the REALTOR® Code of Ethics. For example, agents should not interpret an HOA’s CC&Rs, bylaws or budget, Rymarowicz cautions. Instead, agents should advise their clients to consult an attorney with any questions. “As with anything contract-related, we must be cautious in responding to buyers or sellers, never giving the impression that any legal advice is being provided,” says Harry Disbrow Jr., a broker-associate with Coldwell Banker Riviera Realty in Little Egg Harbor, N.J."

Deadline on Requests Following Receipt of Association Violations & For Withdrawing from Contract Due to Packet in VA

Home Owners Associations & Resale of Condos:

You typically have 3 days (or up to 7 if extended by the ratified contract) (55.1-2312) from receipt of a HOA packet or condo resale certificate, or contract ratification, whichever is later, to request that anything that the HOA or condo association states is a violation to be remedied (so look out for those) & to get out of the contract if something about the HOA policies etc. is so bad that you'd prefer to not buy in the community.


Condo Associations When Purchasing New:

You typically have 5 calendar days (55.1-1974) from receipt of the public offering statement or the date of the contract, whichever is later, to request that anything that the Condo states is a violation to be remedied (so look out for those) & to get out of the contract if something about the Condo policies etc. is so bad that you'd prefer to not buy in the community.

What if the Packet is Delivered Incomplete?

Per an NVAR legal blog on HOA docs, "Remember that if the resale certificate is incomplete, the Buyer’s only remedy is to void. They can request an update, but this does not automatically extend the timelines above. Incomplete delivery still constitutes delivery!"


  1. Email the manager &/or call them, asking for the most recently available versions of any missing documents even if the documents are not completely up to date, CCing your buyer's agent.

  2. If they send something back, but items are still missing, request them again.

  3. Submit an association deadline extension right away.

  4. Inform the association of the deadline extension & follow up, especially if assessments or rules that would rule the property out for you that aren't briefed in the disclosure packet.

Requesting Updated Resale Certificate if Dated >30 Days & <12 Months Before Settlement

"§ 55.1-2311. Updated resale certificate; financial update.

A. If a resale certificate was issued more than 30 days but less than 12 months before settlement, the seller or the purchaser, upon proof of being the contract purchaser of the unit, may request an updated resale certificate. The updated resale certificate shall be delivered to the person requesting it, or as such person may direct, in the format requested. The updated resale certificate shall be delivered within 10 days after the written request.


B. The updated resale certificate shall contain current information for all items that may have changed from the original resale certificate or a statement that there are no changes.


C. A settlement agent or other third party authorized by the seller or purchaser may request a financial update and the association shall provide such information within three business days after the written request.


2023, cc. 387, 388; 2024, cc. 54, 511."

List of Association Packets & Neighborhood Information

The biggest list I've seen online isn't my own. Rather than reinventing the wheel, see this list of association packets & this list of neighborhood information by "Mr. Williamsburg" of Williamsburg/James City County neighborhoods & some locations outside of Williamsburg & JCC.


Keep in mind that the association packets change over time & many will be different now than when Mr. Williamsburg received them & uploaded them.

Virginia Acts Direct Links

Acknowledgment of Receipt of the Association Packet

There's an optional acknowledgment of receipt of the association packet that the listing firm or your buyer's agent might request. It's an optional form, but it's pretty simple & I always recommend acquiescing to requests for these as it's simply acknowledging your receipt of the form.

Additional Resources

Mr. Williamsburg published a solid article (PDF), but this time by an attorney on the subject in 2020.


Virginia HOA Laws & Resources per HopB


HOA Directory - (Per Hopb) "Homeowners can enter the name of the community or subdivision to find the association’s contact information, list of board members, and corporation documents, such as the association’s articles of incorporation."


Hopb (link above) mentions online access to certain hoa documents, but in practice, online access comes with a hefty paywall (i.e. $500/yr for Newport News) and restrictions on use if you try to look up too much information where they may kick you out permanently. I need to look up more communities to see if that's typical.

Packet Contents (Keep in Mind that Titles & Contents May Vary)

Below, the items underlined & in red are arguably the most important to pay attention to (especially the resale disclosure).

Annual Registration

Copy of the government registration with the Department of Professional & Occupational Regulation

Articles of Incorporation

Basic Details on how the voting, board of directors, meetings, amendments, etc. operate in the association. Also amendments may be present following the articles of incorporation.

Budget

Basics of what the association fee covers, broken down by the whole association. To get the per unit cost, if units receive equal costs, divide the total numbers by the number of units if the per unit cost is homogenous.

Bylaws

Like the articles of incorporation, but more detailed

Compliance Inspection Form

States following inspection by association if anything needs to be done to the property in order for it to abide by the rules/policies of the association.

Current Unaudited Financial Documents

Talks about any debts, operating cash, and any reserves that the association has. If in debt, association fees are more likely to go up.

Design Document

Form for architectural review if submitting a request for a change to the exterior of a property that requires approval

Important Notices

There may be a request here for things like deadlines for the settlement statement being sent to the associaiton (i.e. 7 days after closing)

Parking decals may be detailed here (i.e. primary & visitor)

Insurance Dec Page

Insurance details including premiums of buildings, coverage limits, coverage details on what's included, conditions, loss payment basis, deductibles, etc.

Regular Meeting Minutes

Relatively recent details of the meetings of the association board and the decisions they made regarding various matters (i.e. approving repairs, modifications to exterior of buildings, changes to rules, etc.)

Resale Disclosure (Most Important)

This form includes property basics like monthly association fee, investor restrictions as of the date of the resale certificate, any credit available or debt present on the account of the unit, fees required at closing, judgements or loans of the association, association contact info, etc.


  • Keep in mind that if the resale certificate has a blank section, it may or may not apply. For instance, I've received a packet where there were HOA violations in the packet even though section 15 of the resale certificate was left blank.


Here's a breakdown:

§ 55.1-2310. Resale certificate; form and contents.

A. The association shall include the completed resale certificate form, developed by the common interest community board pursuant to subdivision 3 of § 54.1-2350, with supporting documentation set out in the following order:


1. The name, address, and phone numbers of the preparer of the resale certificate and any managing agent of the association;


2. A copy of the governing documents and any rules and regulations of the association;


3. A statement disclosing any restraint on the alienability of the unit for which the resale certificate is being issued;


4. A statement of the amount and payment schedules of assessments and any unpaid assessments currently due and payable to the association;


5. A statement of any other fees due and payable by an owner of the unit;


6. A statement of any other entity or facility to which the owner of the unit being sold may be liable for assessments, fees, or other charges due to the ownership of the unit;


7. A statement of the amount and payment schedule of any approved additional or special assessment and any unpaid additional or special assessment currently due and payable;


8. A statement of any capital expenditures approved by the association for the current and succeeding fiscal years;


9. A statement of the amount of any reserves for capital expenditures and of any portions of those reserves designated by the association for any specified projects;


10. The most recent balance sheet and income and expense statement, if any, of the association;


11. The current operating budget of the association;


12. The current reserve study, or a summary of such study;


13. A statement of any unsatisfied judgments against the association and the nature and status of any pending actions in which the association is a party and that could have a material impact on the association, the owners, or the unit being sold;


14. A statement describing any insurance coverage provided by the association for the benefit of the owners, including fidelity coverage, and any insurance coverage recommended or required to be obtained by the owners;


15. A statement as to whether the board has given or received written notice that any existing uses, occupancies, alterations, or improvements in or to the unit being sold or to the limited elements assigned thereto violate any provision of the governing documents or rules and regulations together with copies of any notices provided;


16. A statement as to whether the board has received written notice from a governmental agency of any violation of environmental, health, or building codes with respect to the unit being sold, the limited elements assigned thereto, or any other portion of the common interest community that has not been cured;


17. A copy of any approved minutes of meetings of the board held during the last six months;


18. A copy of any approved or draft minutes of the most recent association meeting;


19. A statement of the remaining term of any leasehold estate affecting a common area or common element, as those terms are defined in §§ 55.1-1800, 55.1-1900, and 55.1-2100, in the common interest community and the provisions governing any extension or renewal of such leasehold;


20. A statement of any limitation in the governing documents on the number or age of persons who may occupy a unit as a dwelling;


21. A statement setting forth any restriction, limitation, or prohibition on the right of an owner to display the flag of the United States, including reasonable restrictions as to the size, time, place, and manner of placement or display of such flag;


22. A statement setting forth any restriction, limitation, or prohibition on the right of an owner to install or use solar energy collection devices on the owner's unit or limited element;


23. A statement setting forth any restriction, limitation, or prohibition on the size, placement, or duration of display of political, for sale, or any other signs on the property;


24. A statement identifying any parking or vehicle restriction, limitation, or prohibition in the governing documents or rules and regulations;


25. A statement setting forth any restriction, limitation, or prohibition on the operation of a home-based business that otherwise complies with all applicable local ordinances;


26. A statement setting forth any restriction, limitation, or prohibition on an owner's ability to rent the unit;


27. In a cooperative, a statement setting forth whether the cooperative association is aware of any statute, regulation, or rule applicable to the cooperative that would affect an owner's ability to deduct real estate taxes and interest paid by the cooperative association for federal income tax purposes;


28. A statement describing any pending sale or encumbrance of common elements;


29. A statement indicating any known project approvals currently in effect issued by secondary mortgage market agencies; and


30. Certification that the association has filed with the Common Interest Community Board the annual report required by law, which certification shall indicate the filing number assigned by the Common Interest Community Board and the expiration date of such filing.


2023, cc. 387, 388; 2024, cc. 54, 511."

Reserve Report

Details on how much in reserves is available for various designated items that are covered for replacement.

Resolutions & Policies

i.e. complaint procedures & complaint form template for use

Rules and Regulations

Rules (additional details vs CCRs in some cases) regarding:

common elements & cleaning

decals

improvements

landscaping

leasing

noise

parking

pets

signs

trash

vehicles

etc.

TRID-List of Fees & Charges

Monthly fees, fees at closing, & what comes with those fees

Unlabeled Documents

I've seen where an ulabeled document, named simply "Appendix 15" contained the only violation that needed correction, while there was no "Compliance Inspection Form" & no mention of the issue on the Resale Certificate.

Welcome Letter

Important summary of some of the most basic elements of the association packet, but be sure to not stop here. It's often not personalized to the unit.


Related:

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