Undisclosed HOA Capital Contribution

 I saw a Reddit question asked that in summary said: He was the buyer and failed to disclose the capital contribution for his HOA due to his ignorance of not knowing about it. He stated the buyer is upset and worried about being held liable for the fee.

NEFAR HADA is the HOA disclosure form every seller is required to give the buyer that lists all fees associated with the HOA and reads:

4. YOU MAY BE OBLIGATED TO PAY A CAPITAL CONTRIBUTION TO THE HOMEOWNERS’ ASSOCIATION. IF APPLICABLE, THE CURRENT AMOUNT IS $______________.

When a seller leaves this blank, they are saying there is no capital contribution. The Seller and the Sellers's agent should have read the HOA documents before submitting this form. Both of them are responsible for not disclosing this fee to the buyer.

There are many ways to resolve this issue: Seller pays for it, Seller’s agent pays for it, buyers agent pays for it, buyer pays for it, some combination pay for it or they agree to walk away. I say agree to walk away because both parties need to agree or there could be legal consequences.

As a realtor, I can't give legal advice on who would be held liable if this situation went down that path.

Comments