Are Sellers Required to Fix HOA or Condo Violations Prior to Settlement? 

Typically, yes — and this applies for both Homeowner Associations (HOAs) and Condo Associations! Under Paragraph 19 of the Northern Virginia Association of Realtors® (NVAR) Residential Sales Contract, the Seller must comply with any notices of violations received by the community association prior to settlement. Please note that the Seller does not have to obtain a re-inspection or proof of compliance, but they do have to take action to correct the violative issues. For example, they may need to repaint their garage door or obtain approval from the community association for a deck.

Of course, the parties can agree to waive the Seller’s obligation to comply with any association violations using NVAR Form K1344, “Contingencies & Clauses Addendum,” by selecting the checkbox in Paragraph 2(B). If the parties cannot agree and the Seller needs more time to correct the violations, the parties should consider extending the settlement date so that the property can settle without breach.

Remember that the Buyer cannot “walk away” from or void the contract for association violations absent legal involvement; see  “November: Legal Hotline Questions of the Month” for a more detailed explanation.