Buyer due diligence
You are not just buying a house. You are buying into a private government with a budget, rules, and the power to put a lien on your lot. Do the document work before you waive contingencies.
State law decides who has to hand you papers, how fast, and whether you can cancel if they arrive late. California, Florida, Texas, and Virginia all have resale-disclosure statutes. They are not the same statute. Label every example below as that state. If your closing is in another state, use this as a checklist of what to ask for, then confirm the local delivery rules with your agent and a lawyer licensed there.
Start with the governing documents
Ask for the recorded declaration of covenants, conditions, and restrictions (CC&Rs), the bylaws, the articles of incorporation, and the current rules. In California, Civil Code section 4525 requires the owner of a separate interest to give a prospective purchaser a copy of all governing documents as soon as practicable before transfer of title or execution of a real-property sales contract. If the association is not incorporated, California requires a written statement from an authorized representative saying so.
Read the CC&Rs for use restrictions that actually change how you live: pets, parking, parking of work vehicles, short-term rentals, flags, solar, home businesses, age restrictions, and architectural review. Rules are easier to change than CC&Rs. You still have to follow today's rules.
Money: assessments, budget, reserves, special assessments
You want three money pictures, not one.
- What you will pay every month or quarter (regular assessments).
- What the seller still owes (unpaid assessments, fines, collection costs that can become a lien).
- What the whole community may soon ask every owner to pay (approved-but-not-yet-due increases, special assessments, underfunded reserves).
In California, section 4525 also requires a true written statement from an authorized association representative of current regular and special assessments and fees, unpaid assessments on the owner's interest, unpaid fines, and late charges, interest, and collection costs that are or may be made a lien. It also requires disclosure of any change in regular or special assessments that the board has approved but that is not yet due. You also get the most recent documents distributed under Civil Code section 5300 — California's annual budget-report package, which typically includes the budget and reserve-funding information the board sent to members.
In Virginia, the Resale Disclosure Act (Code of Virginia section 55.1-2310) is even more explicit about the financial stack. The resale certificate must include assessment amounts and unpaid assessments, other fees, special assessments, approved capital expenditures for the current and succeeding fiscal years, reserves and any designated projects, the most recent balance sheet and income-and-expense statement, the current operating budget, and the current reserve study or a summary of it.
If the reserve study is thin, old, or missing, that is a signal, not a footnote. Underfunded roofs, elevators, and private roads turn into special assessments. Ask how old the study is and whether the board actually funded the recommended contribution.
Violations, litigation, and construction defects
You can inherit the seller's open violation. In California, section 4525 requires a copy or summary of any notice previously sent to the owner under section 5855 that sets forth an alleged governing-document violation still unresolved at the time of the request. The association does not have to inspect the unit for you. Virginia's section 55.1-2310 requires a statement of whether the board has given or received written notice that existing uses, occupancies, alterations, or improvements violate the governing documents, plus copies of those notices. It also requires unsatisfied judgments against the association and the nature and status of pending actions that could have a material impact on the association, the owners, or the unit.
California also requires, where applicable, the initial list of defects given to members under section 6000 and the latest information provided under section 6100, plus — as of January 1, 2026 — a copy of the most recent exterior-elevated-elements inspection report prepared under section 5551 (balconies, decks, walkways). If you are buying a California multi-family CID, read that report.
Minutes, insurance declaration pages, and estoppel
Minutes show how the board actually behaves. California section 4525 lets the prospective purchaser request approved board-meeting minutes (not executive session) for the previous 12 months. Virginia requires approved board minutes for the last six months and approved or draft minutes of the most recent association meeting.
Ask for the association's current insurance declaration pages, not a one-line "we have insurance" statement. Virginia's resale certificate must describe association insurance, including fidelity coverage, any coverage owners are recommended or required to carry, and whether governing documents can make an owner responsible for all or part of a deductible. Florida's HOA estoppel form (section 720.30851) must include contact information for all insurance maintained by the association.
An estoppel (or resale certificate) is the association's signed snapshot of what the seller owes and what transfer rules apply. In Florida, a homeowners' association must issue an estoppel certificate within 10 business days after a written or electronic request from a parcel owner, mortgagee, or their designee. The statute prescribes the form: assessments paid-through date, itemized amounts owed, upcoming assessments during the effective period, capital-contribution or transfer fees, noticed open violations, whether board approval is required to transfer, and any right of first refusal. A hand-delivered or emailed Florida estoppel is effective 30 days; mailed, 35 days. The association waives the right to collect amounts above the certificate from a good-faith relying purchaser.
In Texas, Property Code chapter 207 applies to subdivision property owners' associations that can levy regular or special assessments. It does not apply to condominiums governed by chapter 81 or 82. After a proper written request and verification of authority, the association must deliver current restrictions, current bylaws and rules, and a resale certificate prepared not earlier than the 60th day before delivery, not later than the 10th business day.
Florida's separate disclosure summary
Florida HOA buyers also get a statutory disclosure summary under section 720.401 before executing the contract. It is a warning label, not a substitute for the governing documents. It tells you that you must be a member, that recorded covenants govern use, that you will pay assessments and possible special assessments, that nonpayment can result in a lien, and that the statements are only summary. If the summary is not given before you sign, you may void the contract by written notice within 3 days after you receive the summary or before closing, whichever is first. That right cannot be waived and it dies at closing. Section 720.401 does not apply to associations regulated under chapters 718, 719, 721, or 723 (condos, co-ops, timeshares, mobile-home parks).
How to use the papers, not just collect them
Read in this order: (1) CC&Rs use and rental articles, (2) current assessment and any special assessment, (3) reserve study and budget, (4) estoppel/resale certificate, (5) insurance dec pages, (6) litigation and violation statements, (7) a year of minutes. Flag anything that conflicts with how you plan to live — a home office, a dog, a roommate, a rental, an FHA or VA loan.
Keep a paper trail of what you asked for and when. In California, the association must provide the section 4525 documents within 10 days of a written request and may not withhold them except for the authorized fee. In Virginia, if the association does not deliver the resale certificate within 14 days after the seller's written request, the certificate is deemed unavailable.
This is not a substitute for a home inspection, a title search, or advice from a lawyer licensed in the state where the property sits. Confirm every number on the estoppel against the seller's ledger and your contract's HOA addendum before you waive the contingency.
This is general information from an AI helper, not legal advice. Confirm it against your documents and your state's law. If a deadline or hearing is coming up, talk to a licensed lawyer.