What Every Buyer Should Know About Condo Documents

Washington, DC, Virginia, and Maryland

Buying a condominium or cooperative property offers a unique form of homeownership, blending private ownership of your unit with collective responsibility for the common areas. 

However, navigating the condo document review can be complex, particularly when it comes to understanding the governing documents and financial health of the community association. 

In Washington, DC, Virginia, and Maryland, District and state laws provide specific timeframes during which buyers can review these documents and make informed decisions about the unit and the building. 

But what are you looking for when reviewing the cooperative or condominium documents?

In this article, you’ll find information on;

The review periods in Washington, DC, Virginia, and Maryland

What should be included in the condo resale package

What to look for in the resale package

Potential red flags in the condo or cooperative association

New regulations in Maryland regarding asbestos disclosure

Condominium and Cooperative Associations:

An Overview

When purchasing a condo or cooperative unit, you automatically become a member of the building’s condominium association or cooperative board. In a condominium, you own the interior of your unit or the space inside the interior walls. 

The building’s exterior and common areas are collectively owned by all the unit owners through the association. 

The association, typically governed by an elected board of directors, is responsible for maintaining common areas, enforcing rules, and managing the building’s finances.

For cooperative buildings, ownership is structured differently. Instead of owning the unit outright, you own shares in the cooperative corporation, which owns the building, think of it like slices of a pizza.

Your shares entitle you to occupy a specific unit, and cooperative boards often play an even more active role in decision-making and rule enforcement.

In both scenarios, condo or co-op owners must pay monthly fees (association fees) to cover maintenance, repairs, and other shared expenses. The rules set by the board are enforceable, and buyers must follow them once they become owners.

Document Review Periods in Washington, DC, Virginia, and Maryland

Washington, DC

In Washington, DC, the law provides buyers of condominium units with 3 business days to review the resale package after it has been delivered. 

The seller must provide the resale package to the buyer within 10 days of receiving a written request for the package. The buyer then has a 3-day review period to review the documents before completing the purchase. If the buyer finds something in the documents that they are not comfortable with, they can void the contract during this review period.

For HOA properties, Washington, DC law requires sellers to deliver the governing documents 15 days before settlement, giving buyers time to review the rules and community regulations.

Virginia

In Virginia, buyers of condo units receive 3 calendar days to review the condominium resale package. 

The seller must provide this package within 14 days of receiving a written request. The resale package includes important information about the association, such as its rules, financial statements, and bylaws. If buyers are unsatisfied with any of the information, they can cancel the contract within the review period without penalty.

For buyers of properties within HOAs, the law similarly allows for the review of governing documents before completing the purchase.

Maryland

Maryland gives condo buyers 7 calendar days to review the resale documents. These documents must be delivered before settlement, and buyers have the right to cancel the contract during this period if they find any issues. The seller is responsible for providing these documents, which include key information about the condominium's governance and financial health.

For properties within an HOA, Maryland law requires the seller to provide the governing documents at least 21 days before settlement, and the buyer has 5 calendar days to review these documents. If the buyer wishes to cancel the contract, they must do so within this timeframe.

What’s Included in the Condo Resale Package?

The resale package, provided by the seller, is a comprehensive set of documents outlining important details about the condo association or cooperative. 

Here are the essentials:

1. Declaration and Bylaws: These documents spell out the rules and regulations governing the condo or cooperative, including the rights and responsibilities of unit owners, the election of board members, and maintenance duties. Pay close attention to any restrictions on noise, pets, renovations, or rentals.

2. Articles of Incorporation: This legal document establishes the condominium association as a nonprofit entity.

3. Rules and Regulations: These community-specific rules cover everything from parking to noise control. Make sure you are comfortable with the community’s guidelines.

4. Resale Package: The resale package includes financial statements, insurance policies, and any pending special assessments. The financial health of the association is crucial, as it affects your future costs as an owner.

5. Meeting Minutes: The minutes from recent board meetings provide insight into ongoing issues in the building, such as complaints about maintenance or financial disputes.

6. Reserve Study: This document outlines the long-term capital needs of the association, including the expected costs of major repairs. A well-funded reserve account suggests that the association is financially stable.

Asbestos Disclosure Requirements (Effective October 1, 2024)

Beginning October 1, 2024, new laws in Maryland, require sellers and condominium associations to disclose certain information about asbestos when selling a unit. This law aims to protect buyers by providing transparency regarding the potential presence of asbestos, a known health hazard if disturbed.

Home Sellers:  

Sellers must disclose if they have actual knowledge of the presence of asbestos in the unit. This includes detailing the location of the asbestos and whether any abatement (removal or mitigation) has been performed during their ownership.

Condominium Associations:  

The law does not require associations to proactively disclose the presence of asbestos in common areas unless there is a known violation of health or building codes. 

Associations must disclose whether asbestos was improperly disturbed and whether this resulted in an uncured violation issued by a local or state authority. 

For example, if asbestos was disturbed during a construction project without proper mitigation, the association must inform the buyer if this led to a government-issued violation.

What Buyers Should Look for in the Documents

When reviewing the resale package, it’s important to focus on several key areas to verify the condominium or cooperative is a sound investment:

1. Financial Health: Carefully review the association’s financial statements. Are there enough reserves set aside for major repairs? 

Are there any outstanding debts or financial obligations? 

Healthy reserves suggest that the association is well-managed and less likely to impose special assessments for major repairs.

2. Special Assessments: Special assessments are fees levied on owners to cover unexpected expenses, like major repairs or renovations. 

If a special assessment has been issued or is planned, factor this into your budget, as it could significantly increase your monthly costs.

3. Pending Litigation: This is a big one! If the association is involved in a lawsuit, it could mean there are underlying issues with building management or maintenance. Litigation can also lead to financial instability and higher fees for unit owners.

4. Rules and Regulations: Make sure you understand and agree with the community rules. For instance, are there restrictions on short-term rentals or renovations? Are pets allowed? Some rules can impact your lifestyle or long-term plans. 

Remember, if you are a pet owner or plan to buy a pet in the near future, don’t consider purchasing condos or cooperatives with no pet policies in place. No matter how cute your cat or dog or chinchilla may be, if it’s a no pets building, you can’t have a pet. Period. 

5. Maintenance Issues: Review the minutes from recent board meetings to identify any recurring complaints or maintenance problems. This can give you a sense of whether the association is responsive to owners’ concerns and proactive about building maintenance.

Red Flags to Watch Out For

1. Underfunded Reserves: An association with low reserves may be unable to cover necessary repairs, leading to special assessments or deferred maintenance. A reserve study will indicate whether there’s enough money set aside for future expenses.

2. Frequent Special Assessments: While occasional assessments are normal, frequent or large ones can signal poor financial management or neglected maintenance.

3. High Delinquency Rates: If a significant number of owners are behind on their association dues, the building may face financial difficulties, which could result in higher fees for all owners.

4. Mismanagement: Pay attention to complaints about poor management in the meeting minutes or financial statements. Mismanagement can lead to deferred maintenance, which could negatively affect property values.

5. Asbestos Violations: Starting in October 2024 new laws went into effect in Maryland regarding asbestos disclosures in condominiums. Buyers should be alert to any disclosure of asbestos violations. Asbestos can pose serious health risks, especially if it has been disturbed without proper remediation.‍

Conclusion

Understanding condominium and cooperative document review periods in Washington, DC, Virginia, and Maryland is critical to making an informed decision about your purchase. 

The documents provide insight into the financial health and governance of the association you are about to join. 

Additionally, the new asbestos disclosure laws, effective October 2024, add another layer of protection for buyers, ensuring transparency about potential health hazards.

Take your time during the review period to thoroughly analyze the documents, consult legal experts if necessary, and be on the lookout for any red flags. 

‍Remember: There is a limit to the review period meaning you can void your contract within the designated time-

Washington D.C. 3 Business Days-longer for new construction

Virginia 3 Calendar Days

Maryland 7 Calendar Days for Condos

5 Calendar Days for HOAs (HOA documents must be provided by the seller prior to the settlement date)

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