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Depending on the professionals involved in the transfer of title, you may have recourse for this failure.

Partially, as well, as a potential buyer, you are responsible for asking for materials that you need from the association in order to complete your 'due diligence' in this purchase.

For example, you can ask for three years' worth of financials and board meeting minutes, so that you can study the fiscal health and business health of the community, respectively. As well, you can ask for advance copies of the governing documents, for your review prior to purchase.

The owner/ seller may have a responsibility to provide you with a 'certificate of sale' -- this requirement varies by state, which may detail the percentage of owners who are in arrears in paying their assessments; the percentage of units rented and any rental cap in place; the details of any legal matters in which the association is involved, the status of reserve studies, and so forth.

If you believe that you purchased a home and have been defrauded, because key details were withheld from you which were required to be provided to you under your state law, you and your mortgage lender may have a cause of action.

Best practices dictate that you consult with an association-savvy attorney in your location who can help you understand your current position and help you develop options.

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Q: What happens if you are not provided with home owners associations disclosures prior to closing?
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