Common Interest Developments
Last week’s feature article explained that the association had only two duties concerning the sale of a home, and those are to provide a demand (assessments amount and violations) to the escrow, and disclosure documents to the seller (if requested). I received an interesting comment from a reader who seems to have been hurt fairly severely because someone did not properly disclose (or perhaps they did and no one read the documents). However, it pointed out the same issues I was trying to address in the article. That is, the seller – not the association – has the responsibility to disclose to the buyer. The association has a responsibility to disclose to the owner. I thought it would be best to use her feedback to me as another run at explaining the issue again. It is the typical “the association is at fault” mindset that too often exists – and it is that mindset that causes many associations to not fill out any forms other than those that are legally required.