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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34760
Experience:  16 years real estate, Realtor. Landlord 26 years
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My mother lived in a house that had a homeowners

Customer Question

my mother lived in a house that had a homeowners association. My mother recently passed away and we have listed her house for sale. our realtors tells us, by law, that we need to get several documents from the HOA including financial information. We were not able to find this information in my mothers documentation and the president of the hOA is refusing to provide this information to us (states that only owners can have this info). PS. I should mention that the house is actually held by a family trust not by my mother. What are our options for getting this information?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: colorado
JA: Has any paperwork been filed?
Customer: such as?
JA: Anything else you want the lawyer to know before I connect you?
Customer: the HOA is not incorporated
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Since the trust is the legal owner of the home, the trustee is the only one who can request that information from the HOA. So it is the trustee who would have to request it and could then file suit against the HOA if they refused to provide it to the "owner" (i.e. the trust for whom the trustee is the legal representative).

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In most Bylaws, it states that the "prevailing party" is entitled to their attorney fees and costs, so if this HOA is typical, if suit had to be filed, they would end up paying for it as well..

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thanks

Barrister

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