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HOA Documents

What Does an HOA Resale Package Actually Include? A Line-by-Line Breakdown

David PineOctober 13, 202610 min read

What's Actually in the Box

An HOA resale package goes by a lot of names. Resale certificate. Disclosure package. Resale disclosure. Depends on the state. The point is always the same: give the buyer a full picture of the HOA they're about to join.

The problem is there's no universal standard for what goes inside. A resale package from a professionally managed 500-unit condo community in Miami might run 300 pages. One from a self-managed 40-home subdivision in North Carolina might be 15 pages stapled together. I've seen both.

Here's what you should expect to find, and what to worry about if it's missing.

The Governing Documents

Every resale package should include these. They're the core of what you're reviewing.

Declaration of Covenants, Conditions & Restrictions (CC&Rs). The master document. It establishes the HOA, defines property rights and obligations, and sets out the rules every owner must follow. It's recorded with the county and runs with the land. If you only read one thing, this is it.

Bylaws. These govern how the HOA operates internally. Board elections, meeting procedures, officer duties, voting rights. They lay out the mechanics of how the association actually runs day to day, who calls meetings, how votes work, what officers can and can't do.

Articles of Incorporation. The document that created the HOA as a legal entity. Not exactly a page-turner, but important for verifying the association's legal standing.

Rules and Regulations. The day-to-day stuff. Parking, noise, pets, architectural standards. These are typically easier to amend than CC&Rs, so they change more often. Make sure you're looking at the current version, not one from 2017.

Financial Documents

This is where most buyers glaze over. That's a mistake.

Current year budget. Shows planned income (assessments) and expenses (maintenance, insurance, reserves, management fees). Check whether the budget is balanced. A budget that relies on special assessment income to balance is a red flag.

Most recent financial statement. Could be monthly, quarterly, or annual. Look for the ratio of accounts receivable to total assessments. That tells you how many owners are behind on payments. A delinquency rate above 10% is concerning. Above 15% and you should be asking hard questions.

Reserve study. This is the big one. A reserve study looks at the HOA's common elements (roof, parking lot, pool, elevators) and projects when they'll need replacement. Then it calculates how much money needs to be in the reserve fund to cover those costs.

A "percent funded" ratio tells the story at a glance:

  • •70%+ funded: Healthy
  • •30-70% funded: Potentially underfunded, higher risk of special assessments
  • •Below 30%: Seriously underfunded, proceed with extreme caution
  • •No reserve study at all: The biggest red flag of the bunch
Assessment information. Current monthly or quarterly assessment amounts, any pending increases, and any special assessments that have been approved or are under discussion.

Insurance Information

Master insurance policy summary. The HOA's policy covers common elements and, in condos, typically covers the building structure. You need to verify:

  • •What types of coverage are in place (property, liability, fidelity)
  • •Coverage amounts
  • •Deductible amounts, this matters a lot for condos, because a high deductible means individual owners may face significant out-of-pocket costs after a claim
  • •Policy expiration date
Flood insurance. If applicable. Properties in FEMA-designated flood zones may require the HOA to carry flood coverage.

Lenders pay close attention to insurance. Inadequate coverage can block a mortgage approval. I've watched closings fall apart over a lapsed fidelity bond.

Meeting Minutes

Most resale packages include minutes from the last 12 months of board meetings. Some states require this. Others don't.

Don't skip them. They reveal things the financial statements won't.

Pending or contemplated special assessments. The board might be discussing a $5 million roof project that hasn't been approved yet. That won't show up on the balance sheet, but it'll show up in the minutes.

Litigation. Lawsuits against the HOA, or lawsuits the HOA is pursuing.

Maintenance issues. Recurring problems with specific building systems.

Vendor disputes. Disagreements with contractors, management companies, or service providers.

Board dynamics. Contentious votes, quorum issues, owner complaints. These hint at how well (or how poorly) the community is governed.

Budget thirty minutes to read through them. It can save you thousands.

Account-Specific Information

Owner's account ledger. Shows the seller's payment history and any outstanding balances. If the seller owes money to the HOA, it needs to be settled at closing. Your title company should catch this, but don't assume.

Violation history. Any open violations against the property. Unapproved modifications, maintenance issues, that sort of thing. Unresolved violations can transfer to the buyer.

Pending fines. Related to violations. Outstanding fines are typically the seller's responsibility, but verify this is addressed in the closing.

Additional Documents (May or May Not Be Included)

Architectural guidelines. Detailed rules about modifications, landscaping, exterior changes. If you're planning a renovation, read these carefully before you commit. I've seen buyers close on a condo planning to knock out a wall, only to find out the HOA won't allow it.

Pet policies. Breed restrictions, weight limits, pet deposits, number of animals allowed. These vary wildly from one community to the next.

Rental restrictions. Some HOAs prohibit rentals entirely. Others cap the percentage of rental units (common in condos where Fannie Mae requires at least 50% owner-occupied). If you're an investor, this is the first thing to check. Before anything else.

Pending litigation disclosure. Not always included in the package itself. Sometimes it's provided as a separate document. Any active lawsuits involving the HOA should be disclosed.

Planned projects or capital improvements. Major projects the board has approved or is considering.

What to Flag If It's Missing

If any of the following are absent from your resale package, request them separately:

  • •Reserve study (or any indication that one hasn't been conducted)
  • •Insurance certificate
  • •Current year budget
  • •Minutes from the last 12 months
  • •Assessment account ledger for the property
A missing reserve study is the biggest concern. It either means the HOA hasn't conducted one (bad) or chose not to include it (worse). Either way, you need answers before you close.

How Thick Should It Be?

A typical resale package for a professionally managed community runs 100 to 250 pages. For a large condo with extensive governing documents and a detailed reserve study, 300+ pages isn't unusual.

If your resale package is under 30 pages, something is probably missing. If it's over 400 pages, someone included every newsletter from the last five years. It happens.

Quality matters more than quantity. A concise, complete package beats a thick one padded with irrelevant documents every time.

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