HOA Pre-Sale Inspection Out?

Over the last several years when an owner went to sell their Brittan Heights home, the HOA would do an inspection inside.  If the HOA discovered noncompliant or unapproved modifications, then to the best of my knowledge, while the HOA would not halt the sale of the property, it would require that the buyer be notified that the Board could require that the buyer make corrections at the buyer’s own expense unless the issue was resolved prior to close of escrow. This often introduced some uncertainty and delays into a sale since the buyer often wanted the problem corrected or the parties waited for the HOA to rule on whether it would require corrections at all 

As of October 2016, the HOA inspection seems to no longer be required. However, this is not to say that they may not return again, so play it safe, get approval on modifications to your home.

2 comments

  • The HOA does have the authority to enforce its rules, otherwise it would be total chaos at Brittan Heights. When there is an issue, whomever is the owner of the unit at the time could be forced to correct it at their cost – even if they had not been made aware of it and it was done by the prior owner. How the HOA could learn about changes differs. Imagine if you add hardwood floors and a neighbor below complains about the noise or they might notice construction going on that was not approved. Additionally, they could instill the pre-sale inspections again someday. Lastly, if you were selling your unit, it would be your duty to disclose to a buyer that you performed work on it without the HOA’s permission, this could make a buyer nervous.

  • Do buyers have to make the corrections raised by the HOA? How does the HOA know the changes have been made?

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