I am going to closing on this Friday, the HOA president refuses to give the resale package because their are back dues owed. Which is not my responsibility. My title company will sign for the insurance, but with an exception that they will not defend if this HOA president tries to come after me.
1 Answer from Attorneys
It is the duty of the closing agent to ascertain what dues are owed and apportion them between seller and buyer. The seller would be responsible for dues through Thursday and your obligation begins on the day the deed is transferred to you. The agent withholds the seller's share of the dues and transmits them to the HOA. Make sure this apportionment appears on the closing disclosure. In 37 years of doing closings, many of which involved HOAs or condos, I never had the association refuse to cooperate in this aspect of the settlement.