In Northern Virginia, many homes in Fairfax, townhome communities, and condo buildings belong to an association, and that membership follows the home when it sells. Since July 1, 2023, Virginia has used one name for the package for both HOAs and condos: resale certificate. Older agents may still say resale disclosure packet for an HOA home, but the legal document you review is the resale certificate, prepared on a form developed by the Common Interest Community Board.
Read it as the association's file on both the home and the community. The certificate includes the governing documents and rules, the amount and schedule of regular assessments, any unpaid assessments or other fees due on that home, and any approved special assessment. It also includes the current operating budget, the reserve study or a summary, capital spending the association has approved, and a statement about pending judgments or actions that could matter. In Reston, where a home can sit inside a large planned community, those pages tell you what dues cover, what restrictions apply to renting, parking, signs, and home businesses, and whether the home has a known violation notice.
The seller, or the agent for the seller, must obtain the certificate from the association and provide it to you or your agent. That duty cannot be waived or changed by agreement. The association has 14 days after a written request to deliver it, and if nothing arrives in that window, the certificate is deemed unavailable. The seller generally pays the preparation fee charged by the association, subject to limits set by the Common Interest Community Board. In Alexandria condo sales and HOA sales across the region, order it early: a late package can compress your review time right before settlement.
Your review window is the part to protect. If the contract does not specify a cancellation period, you have three days to cancel: three days from ratification if you received the certificate before ratification, or three days from receipt if it arrived after ratification. If it is never delivered, you may cancel at any time before settlement. Cancellation is without penalty, deposits must be returned promptly, and written notice must be given as the contract directs. If the certificate was issued more than 30 days before settlement, either side may request an updated certificate in the circumstances the Act allows. Read the dues, special assessments, reserve picture, and rental and parking rules first, and ask questions in writing before the clock runs out.
FAQ
Who pays for a Virginia resale certificate?
The seller generally pays the preparation fee charged by the association. Those fees must stay within limits set by the Common Interest Community Board. Confirm the fee and who pays it in your contract and at settlement, because the certificate itself is a seller delivery duty that cannot be waived by agreement.
How long does the association have to deliver the resale certificate?
The association has 14 days after a written request from the seller or the seller's agent to deliver it. If no certificate is delivered within that window, the certificate is deemed unavailable under the Virginia Resale Disclosure Act.
Can I cancel the contract after reading the resale certificate?
Yes. If your contract does not specify a cancellation period, you have three days from ratification if you received the certificate before ratification, or three days from receipt if it arrived after ratification. If it is never delivered, you may cancel at any time before settlement. Cancellation is without penalty, and written notice must be given to the seller as the contract directs.
What if the resale certificate is old by the time we close?
If the certificate was issued more than 30 days but less than 12 months before settlement, the seller or the purchaser may request an updated certificate, and it must be delivered within 10 days after the written request. A settlement agent may also request a financial update, which the association must provide within three business days.