Selling a House in an HOA and What You Need to Disclose

Kim Ward, a real estate broker specializing in probate real estate in San Diego, discusses the key aspects of selling a home in a homeowners association (HOA) and the documentation required to protect the estate during the process. When selling a property in probate with an HOA, it's essential to provide the buyer with the HOA’s Covenants, Conditions, and Restrictions (CC&Rs), by-laws, and 12 months of meeting minutes. These documents outline the rules, regulations, and financial health of the HOA, ensuring the buyer is informed and can review everything before proceeding. Kim emphasizes the importance of ordering these documents early to avoid delays, as it can take 10-14 days to receive them.

Additionally, she highlights the need to ensure HOA fees are up to date to avoid liens and attorney fees, and that buyers receive the most current documents directly from the HOA through escrow for liability protection. The cost of obtaining these documents can range from $250 to $600. By following these steps, estate representatives can ensure a smooth transaction while protecting themselves and the estate throughout the sale process.