Q: Is the seller obligated to inform the buyer if the HOA fees increase before the closing?
I closed on a condo thinking I knew the HOA fees. I found out that the HOA doubled the fees a month before I closed but was never informed by the seller or the listing broker, or the HOA for that matter. The seller is arguing that they never got the letter or email about the decision to increase the fees. Do I have a case? Or am I stuck?
A: Yes the seller was required to update the information about the changing HOA fees. The broker may or may not have known about the change (the duty to inform is placed on the seller). The HOA is usually not required to inform potential buyers since you are not technically an owner/member until after closing. This may be a material breach by the seller (you will need to have an attorney review your case to make a formal determination). If it is, you have the option to void the sale and have all sums returned (by the seller). You cannot challenge the HOA because they were under no obligation to inform you of the changes. In other words you likely have two options: (1) void the sale (and return the condo) or (2) accept the higher HOA fees. Contact a real estate attorney to review the specifics of your case--there is also a possibility that your sale contact allows you to offset the increase against the seller, but a lawyer will need to review the contacts to see if this is possible.
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