HOA Document Delivery: Why OREF 023 Matters

Q: As a means of delivering the required HOA documents to my buyer, the listing agent is providing a link to an HOA website with the seller’s username and password. My understanding is that this does not satisfy the documentation delivery requirement, which includes providing actual copies of the documents and the completed Form 023.

Could you confirm the correct process for delivering HOA documents?

A: As an organization, we don’t regulate how individual agents run their business, but we do define “Delivery” in the Sale Agreement.

We also created OREF 023 – Delivery of Association Documents to support proper compliance with the Sale Agreement’s delivery requirements. Specifically, line 8 of OREF 023 makes it clear that the seller is responsible for ensuring that delivery meets the standard outlined in the Sale Agreement by using the defined term “Delivers.” To properly complete OREF 023, the seller must review what is being delivered and explain any missing items. This process promotes seller accountability and increases transparency for everyone involved.

It isn’t always possible to email a PDF of a document when dealing with large files; the most reliable way to share these documents is by using a shared file link (for example, Dropbox, Google Drive, or other hosting site), which can help avoid common email delivery issues.

That being said, here are some best practices to consider:

• Avoid providing links that require a seller’s login credentials. Doing so can raise serious confidentiality concerns and may even violate the portal’s terms of use. Sellers usually agree not to share their login information and encouraging them to ignore these agreements could put the agent at risk for potential licensing violations.
• Deliver HOA documents in the same manner you would like to receive them. This could include using clear, descriptive file names and organizing the documents in the same order as they appear on OREF 023.

Following these best practices creates a more positive experience for everyone and sets a higher standard for professionalism in our industry.

All comments and responses from OREF or its staff, managers, and volunteers are non-legal opinions made for general purposes. Each Forms subscriber must rely solely upon their Principal broker or personal legal counsel for specific advice and instruction. You and your client should independently confirm that the Form(s) you use are legally suitable for the purposes intended and that they are current with respect to all laws and regulations.