Legal Library

Forms (HOA requests) Not sure if that falls into REPC

February 26, 2019

Author: Kreg Wagner(UAR)

Over the years, I’ve often received hotline calls from REALTORS® lamenting the fact that they could not get HOA documentation for their sellers from an HOA or community association. Often callers would state that the HOA was ignoring requests for documentation. This created a significant problem for the seller contractually with the buyer!

Recognizing these difficulties, last year the law was changed to require HOAs and community associations to provide documentation to either the seller OR the seller’s agent upon written request. Additionally, the law caps the amount HOAs may charge for document copies and it also imposes penalties if the HOA doesn’t comply.

To help members give a written request for HOA documentation, the UAR Forms Committee recently approved a new form. This form clearly identifies the type of HOA documentation needed, how the HOA may deliver the documentation to the seller, the maximum the HOA may charge for the documentation, and the penalties the HOA may face if the HOA doesn’t provide the documentation.

Our hope is that HOAs and community associations will respond favorably to this new form by providing sellers with the legally requested documentation. The form is available on the UAR’s website at www.UtahRealtors.com/Forms and has recently been provided to all our forms vendors. It may take a couple of weeks to show up on those websites.

If you have any questions or concerns about this form or obtaining documentation from an HOA, please feel free to call the UAR’s Legal Hotline at 801-676-5211 on Monday, Wednesday, or Friday from 8:30 a.m. to 4:00 p.m.

Kreg Wagner

UAR Legal Counsel

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Relevant Topics

Contracts