Homeowners’ Association Disclosure
TLDR: The HOA disclosure functions as a contingency and is legally required in the state of Virginia, giving buyers at least three days to review the Association Disclosure Packet.
When should I notify my HOA that I'm selling?
As soon as you go under contract. In the state of Virginia, prospective buyers of residences within an HOA or Condo Association have three days to review the Association Disclosure Packet, which is provided by the Homeowners’ Association, but you must first notify the HOA of the pending sale.
Sometime between when you've received an offer and before you close, the HOA will typically come inspect your property to ensure there are no violations before the transfer of ownership. The buyer will get to see any violations, and this could lead to some additional negotiation. Any required repairs that are not remedied before you close must be completed by the buyer, so it's usually expected that the seller provide a financial subsidy or complete the repairs prior to closing. All of this takes time to complete, so you’ll want to kick off the process as soon as possible to conduct any necessary repairs.
Tip
Many Homeowner's Associations (HOAs) will inspect properties for violations before a sale, and will require any violations either be remedied by the seller or shortly after closing by the buyer. If you're already aware of any violations, you can preemptively remedy the issues to reduce stress during the transaction.