§ 55-509.6. Fees for disclosure packet; associations managed by a commoninterest community manager.
A. The association or its common interest community manager may chargecertain fees as authorized by this section for the inspection of theproperty, the preparation and issuance of the disclosure packet required §55-509.5, and for such other services as set out in this section. The selleror his authorized agent shall specify whether the disclosure packet shall bedelivered electronically or in hard copy, and shall specify the completecontact information for the parties to whom the disclosure packet shall bedelivered. If the seller or his authorized agent specifies that deliveryshall be made to the purchaser or his authorized agent or settlement agent,the preparer shall provide the disclosure packet directly to the designatedpersons, at the same time it is delivered to the seller or his authorizedagent.
B. A reasonable fee may be charged by the preparer as follows for:
1. The inspection of the exterior of the dwelling unit and the lot, asauthorized in the declaration and as required to prepare the associationdisclosure packet, a fee not to exceed $100;
2. The preparation and delivery of the disclosure packet in (i) paper format,a fee not to exceed $150 for no more than two hard copies or (ii) electronicformat, a fee not to exceed $125 for no more than two electronic copies. Onlyone fee shall be charged for the preparation and delivery of the disclosurepacket;
3. At the option of the seller or his authorized agent, with the consent ofthe association or the common interest community manager, expediting theinspection, preparation and delivery of the disclosure packet, an additionalexpedite fee not to exceed $50;
4. At the option of the seller or his authorized agent, an additional hardcopy of the disclosure packet, a fee not to exceed $25 per hard copy;
5. At the option of the seller or his authorized agent, a fee not to exceedan amount equal to the actual cost paid to a third-party commercial deliveryservice for hand delivery or overnight delivery of the association disclosurepacket; and
6. A post-closing fee to the purchaser of the property, collected atsettlement, for the purpose of establishing the purchaser as the owner of theproperty in the records of the association, a fee not to exceed $50.
Except as otherwise provided in subsection E, neither the association nor itscommon interest community manager shall require cash, check, certified fundsor credit card payments at the time the request for the disclosure packet ismade.
For purposes of this section, an expedite fee shall only be charged if theinspection and preparation of delivery of the disclosure packet are completedwithin five business days of the request for a disclosure packet.
C. No fees other than those specified in this section, and as limited by thissection, shall be charged by the association or its common interest communitymanager for compliance with the duties and responsibilities of theassociation under this chapter. The association or its common interestcommunity manager shall publish and make available in paper or electronicformat, or both, a schedule of the applicable fees so the seller or hisauthorized agent will know such fees at the time of requesting the packet.
D. Any fees charged pursuant to this section shall be collected at the timeof settlement on the sale of the lot and shall be due and payable out of thesettlement proceeds in accordance with this section. The seller shall beresponsible for all costs associated with the preparation and delivery of theassociation disclosure packet, except for the costs of any disclosure packetupdate or financial update, which costs shall be the responsibility of therequestor, payable at settlement. Neither the association nor its commoninterest community manager shall require cash, check, certified funds, orcredit card payments at the time of the request is made for the associationdisclosure packet.
E. If settlement does not occur within 90 days of the delivery of thedisclosure packet, or funds are not collected at settlement and disbursed tothe association or the common interest community manager, all fees, includingthose costs that would have otherwise been the responsibility of thepurchaser or settlement agent, shall be assessed against the lot owner andshall be the personal obligation of the lot owner and shall be an assessmentagainst the lot and collectible as any other assessment in accordance withthe provisions of the declaration and § 55-516. The seller may pay theassociation by cash, check, certified funds, or credit card, if credit cardpayment is an option offered by the association. The association shall paythe common interest community manager the amount due from the lot ownerwithin 30 days after invoice.
F. The maximum allowable fees charged in accordance with this section shalladjust every five years, as of January 1 of that year, in an amount equal tothe annual increases for that five-year period in the United States AverageConsumer Price Index for all items, all urban consumers (CPI-U), as publishedby the Bureau of Labor Statistics of the U.S. Department of Labor.
G. If an association disclosure packet has been issued for a lot within thepreceding 12-month period, a person specified in the written instructions ofthe seller or his authorized agent, including the seller or his authorizedagent, or the purchaser or his authorized agent may request a disclosurepacket update. The requestor shall specify whether the disclosure packetupdate shall be delivered electronically or in hard copy, and shall specifythe complete contact information of the parties to whom the update shall bedelivered. The disclosure packet update shall be delivered within 10 days ofthe written request.
H. The settlement agent may request a financial update. The requestor shallspecify whether the financial update shall be delivered electronically or inhard copy, and shall specify the complete contact information of the partiesto whom the update shall be delivered. The financial update shall bedelivered within three business days of the written request.
I. A reasonable fee for the disclosure packet update or financial update maybe charged by the preparer not to exceed $50. At the option of the purchaseror his authorized agent, the requestor may request that the association orthe common interest community manager perform an additional inspection of theexterior of the dwelling unit and the lot, as authorized in the declaration,for a fee not to exceed $100. Any fees charged for the specified update shallbe collected at the time settlement occurs on the sale of the property.Neither the association nor its common interest community manager, if any,shall require cash, check, certified funds, or credit card payments at thetime the request is made for the disclosure packet update. The requestor mayrequest that the specified update be provided in hard copy or in electronicform.
J. No association or common interest community manager may require therequestor to request the specified update electronically. The seller or hisauthorized agent shall continue to have the right to request a hard copy ofthe specified update in person at the principal place of business of theassociation. If the requestor asks that the specified update be provided inelectronic format, neither the association nor its common interest communitymanager may require the requester to pay any fees to use the provider'selectronic network or system. A copy of the specified update shall beprovided to the seller or his authorized agent.
K. When an association disclosure packet has been delivered as required by §55-509.5, the association shall, as to the purchaser, be bound by thestatements set forth therein as to the status of the assessment account andthe status of the lot with respect to any violation of the declaration,bylaws, rules and regulations, architectural guidelines and articles ofincorporation, if any, of the association as of the date of the statementunless the purchaser had actual knowledge that the contents of the disclosurepacket were in error.
L. If the association or its common interest community manager has beenrequested in writing to furnish the association disclosure packet required by§ 55-509.5, failure to provide the association disclosure packetsubstantially in the form provided in this section shall be deemed a waiverof any claim for delinquent assessments or of any violation of thedeclaration, bylaws, rules and regulations, or architectural guidelinesexisting as of the date of the request with respect to the subject lot. Thepreparer of the association disclosure packet shall be liable to the sellerin an amount equal to the actual damages sustained by the seller in an amountnot to exceed $1,000. The purchaser shall nevertheless be obligated to abideby the declaration, bylaws, rules and regulations, and architecturalguidelines of the association as to all matters arising after the date of thesettlement of the sale.
§ 55-509.6. Fees for disclosure packet; associations managed by a commoninterest community manager.
A. The association or its common interest community manager may chargecertain fees as authorized by this section for the inspection of theproperty, the preparation and issuance of the disclosure packet required §55-509.5, and for such other services as set out in this section. The selleror his authorized agent shall specify whether the disclosure packet shall bedelivered electronically or in hard copy, and shall specify the completecontact information for the parties to whom the disclosure packet shall bedelivered. If the seller or his authorized agent specifies that deliveryshall be made to the purchaser or his authorized agent or settlement agent,the preparer shall provide the disclosure packet directly to the designatedpersons, at the same time it is delivered to the seller or his authorizedagent.
B. A reasonable fee may be charged by the preparer as follows for:
1. The inspection of the exterior of the dwelling unit and the lot, asauthorized in the declaration and as required to prepare the associationdisclosure packet, a fee not to exceed $100;
2. The preparation and delivery of the disclosure packet in (i) paper format,a fee not to exceed $150 for no more than two hard copies or (ii) electronicformat, a fee not to exceed $125 for no more than two electronic copies. Onlyone fee shall be charged for the preparation and delivery of the disclosurepacket;
3. At the option of the seller or his authorized agent, with the consent ofthe association or the common interest community manager, expediting theinspection, preparation and delivery of the disclosure packet, an additionalexpedite fee not to exceed $50;
4. At the option of the seller or his authorized agent, an additional hardcopy of the disclosure packet, a fee not to exceed $25 per hard copy;
5. At the option of the seller or his authorized agent, a fee not to exceedan amount equal to the actual cost paid to a third-party commercial deliveryservice for hand delivery or overnight delivery of the association disclosurepacket; and
6. A post-closing fee to the purchaser of the property, collected atsettlement, for the purpose of establishing the purchaser as the owner of theproperty in the records of the association, a fee not to exceed $50.
Except as otherwise provided in subsection E, neither the association nor itscommon interest community manager shall require cash, check, certified fundsor credit card payments at the time the request for the disclosure packet ismade.
For purposes of this section, an expedite fee shall only be charged if theinspection and preparation of delivery of the disclosure packet are completedwithin five business days of the request for a disclosure packet.
C. No fees other than those specified in this section, and as limited by thissection, shall be charged by the association or its common interest communitymanager for compliance with the duties and responsibilities of theassociation under this chapter. The association or its common interestcommunity manager shall publish and make available in paper or electronicformat, or both, a schedule of the applicable fees so the seller or hisauthorized agent will know such fees at the time of requesting the packet.
D. Any fees charged pursuant to this section shall be collected at the timeof settlement on the sale of the lot and shall be due and payable out of thesettlement proceeds in accordance with this section. The seller shall beresponsible for all costs associated with the preparation and delivery of theassociation disclosure packet, except for the costs of any disclosure packetupdate or financial update, which costs shall be the responsibility of therequestor, payable at settlement. Neither the association nor its commoninterest community manager shall require cash, check, certified funds, orcredit card payments at the time of the request is made for the associationdisclosure packet.
E. If settlement does not occur within 90 days of the delivery of thedisclosure packet, or funds are not collected at settlement and disbursed tothe association or the common interest community manager, all fees, includingthose costs that would have otherwise been the responsibility of thepurchaser or settlement agent, shall be assessed against the lot owner andshall be the personal obligation of the lot owner and shall be an assessmentagainst the lot and collectible as any other assessment in accordance withthe provisions of the declaration and § 55-516. The seller may pay theassociation by cash, check, certified funds, or credit card, if credit cardpayment is an option offered by the association. The association shall paythe common interest community manager the amount due from the lot ownerwithin 30 days after invoice.
F. The maximum allowable fees charged in accordance with this section shalladjust every five years, as of January 1 of that year, in an amount equal tothe annual increases for that five-year period in the United States AverageConsumer Price Index for all items, all urban consumers (CPI-U), as publishedby the Bureau of Labor Statistics of the U.S. Department of Labor.
G. If an association disclosure packet has been issued for a lot within thepreceding 12-month period, a person specified in the written instructions ofthe seller or his authorized agent, including the seller or his authorizedagent, or the purchaser or his authorized agent may request a disclosurepacket update. The requestor shall specify whether the disclosure packetupdate shall be delivered electronically or in hard copy, and shall specifythe complete contact information of the parties to whom the update shall bedelivered. The disclosure packet update shall be delivered within 10 days ofthe written request.
H. The settlement agent may request a financial update. The requestor shallspecify whether the financial update shall be delivered electronically or inhard copy, and shall specify the complete contact information of the partiesto whom the update shall be delivered. The financial update shall bedelivered within three business days of the written request.
I. A reasonable fee for the disclosure packet update or financial update maybe charged by the preparer not to exceed $50. At the option of the purchaseror his authorized agent, the requestor may request that the association orthe common interest community manager perform an additional inspection of theexterior of the dwelling unit and the lot, as authorized in the declaration,for a fee not to exceed $100. Any fees charged for the specified update shallbe collected at the time settlement occurs on the sale of the property.Neither the association nor its common interest community manager, if any,shall require cash, check, certified funds, or credit card payments at thetime the request is made for the disclosure packet update. The requestor mayrequest that the specified update be provided in hard copy or in electronicform.
J. No association or common interest community manager may require therequestor to request the specified update electronically. The seller or hisauthorized agent shall continue to have the right to request a hard copy ofthe specified update in person at the principal place of business of theassociation. If the requestor asks that the specified update be provided inelectronic format, neither the association nor its common interest communitymanager may require the requester to pay any fees to use the provider'selectronic network or system. A copy of the specified update shall beprovided to the seller or his authorized agent.
K. When an association disclosure packet has been delivered as required by §55-509.5, the association shall, as to the purchaser, be bound by thestatements set forth therein as to the status of the assessment account andthe status of the lot with respect to any violation of the declaration,bylaws, rules and regulations, architectural guidelines and articles ofincorporation, if any, of the association as of the date of the statementunless the purchaser had actual knowledge that the contents of the disclosurepacket were in error.
L. If the association or its common interest community manager has beenrequested in writing to furnish the association disclosure packet required by§ 55-509.5, failure to provide the association disclosure packetsubstantially in the form provided in this section shall be deemed a waiverof any claim for delinquent assessments or of any violation of thedeclaration, bylaws, rules and regulations, or architectural guidelinesexisting as of the date of the request with respect to the subject lot. Thepreparer of the association disclosure packet shall be liable to the sellerin an amount equal to the actual damages sustained by the seller in an amountnot to exceed $1,000. The purchaser shall nevertheless be obligated to abideby the declaration, bylaws, rules and regulations, and architecturalguidelines of the association as to all matters arising after the date of thesettlement of the sale.
§ 55-509.6. Fees for disclosure packet; associations managed by a commoninterest community manager.
A. The association or its common interest community manager may chargecertain fees as authorized by this section for the inspection of theproperty, the preparation and issuance of the disclosure packet required §55-509.5, and for such other services as set out in this section. The selleror his authorized agent shall specify whether the disclosure packet shall bedelivered electronically or in hard copy, and shall specify the completecontact information for the parties to whom the disclosure packet shall bedelivered. If the seller or his authorized agent specifies that deliveryshall be made to the purchaser or his authorized agent or settlement agent,the preparer shall provide the disclosure packet directly to the designatedpersons, at the same time it is delivered to the seller or his authorizedagent.
B. A reasonable fee may be charged by the preparer as follows for:
1. The inspection of the exterior of the dwelling unit and the lot, asauthorized in the declaration and as required to prepare the associationdisclosure packet, a fee not to exceed $100;
2. The preparation and delivery of the disclosure packet in (i) paper format,a fee not to exceed $150 for no more than two hard copies or (ii) electronicformat, a fee not to exceed $125 for no more than two electronic copies. Onlyone fee shall be charged for the preparation and delivery of the disclosurepacket;
3. At the option of the seller or his authorized agent, with the consent ofthe association or the common interest community manager, expediting theinspection, preparation and delivery of the disclosure packet, an additionalexpedite fee not to exceed $50;
4. At the option of the seller or his authorized agent, an additional hardcopy of the disclosure packet, a fee not to exceed $25 per hard copy;
5. At the option of the seller or his authorized agent, a fee not to exceedan amount equal to the actual cost paid to a third-party commercial deliveryservice for hand delivery or overnight delivery of the association disclosurepacket; and
6. A post-closing fee to the purchaser of the property, collected atsettlement, for the purpose of establishing the purchaser as the owner of theproperty in the records of the association, a fee not to exceed $50.
Except as otherwise provided in subsection E, neither the association nor itscommon interest community manager shall require cash, check, certified fundsor credit card payments at the time the request for the disclosure packet ismade.
For purposes of this section, an expedite fee shall only be charged if theinspection and preparation of delivery of the disclosure packet are completedwithin five business days of the request for a disclosure packet.
C. No fees other than those specified in this section, and as limited by thissection, shall be charged by the association or its common interest communitymanager for compliance with the duties and responsibilities of theassociation under this chapter. The association or its common interestcommunity manager shall publish and make available in paper or electronicformat, or both, a schedule of the applicable fees so the seller or hisauthorized agent will know such fees at the time of requesting the packet.
D. Any fees charged pursuant to this section shall be collected at the timeof settlement on the sale of the lot and shall be due and payable out of thesettlement proceeds in accordance with this section. The seller shall beresponsible for all costs associated with the preparation and delivery of theassociation disclosure packet, except for the costs of any disclosure packetupdate or financial update, which costs shall be the responsibility of therequestor, payable at settlement. Neither the association nor its commoninterest community manager shall require cash, check, certified funds, orcredit card payments at the time of the request is made for the associationdisclosure packet.
E. If settlement does not occur within 90 days of the delivery of thedisclosure packet, or funds are not collected at settlement and disbursed tothe association or the common interest community manager, all fees, includingthose costs that would have otherwise been the responsibility of thepurchaser or settlement agent, shall be assessed against the lot owner andshall be the personal obligation of the lot owner and shall be an assessmentagainst the lot and collectible as any other assessment in accordance withthe provisions of the declaration and § 55-516. The seller may pay theassociation by cash, check, certified funds, or credit card, if credit cardpayment is an option offered by the association. The association shall paythe common interest community manager the amount due from the lot ownerwithin 30 days after invoice.
F. The maximum allowable fees charged in accordance with this section shalladjust every five years, as of January 1 of that year, in an amount equal tothe annual increases for that five-year period in the United States AverageConsumer Price Index for all items, all urban consumers (CPI-U), as publishedby the Bureau of Labor Statistics of the U.S. Department of Labor.
G. If an association disclosure packet has been issued for a lot within thepreceding 12-month period, a person specified in the written instructions ofthe seller or his authorized agent, including the seller or his authorizedagent, or the purchaser or his authorized agent may request a disclosurepacket update. The requestor shall specify whether the disclosure packetupdate shall be delivered electronically or in hard copy, and shall specifythe complete contact information of the parties to whom the update shall bedelivered. The disclosure packet update shall be delivered within 10 days ofthe written request.
H. The settlement agent may request a financial update. The requestor shallspecify whether the financial update shall be delivered electronically or inhard copy, and shall specify the complete contact information of the partiesto whom the update shall be delivered. The financial update shall bedelivered within three business days of the written request.
I. A reasonable fee for the disclosure packet update or financial update maybe charged by the preparer not to exceed $50. At the option of the purchaseror his authorized agent, the requestor may request that the association orthe common interest community manager perform an additional inspection of theexterior of the dwelling unit and the lot, as authorized in the declaration,for a fee not to exceed $100. Any fees charged for the specified update shallbe collected at the time settlement occurs on the sale of the property.Neither the association nor its common interest community manager, if any,shall require cash, check, certified funds, or credit card payments at thetime the request is made for the disclosure packet update. The requestor mayrequest that the specified update be provided in hard copy or in electronicform.
J. No association or common interest community manager may require therequestor to request the specified update electronically. The seller or hisauthorized agent shall continue to have the right to request a hard copy ofthe specified update in person at the principal place of business of theassociation. If the requestor asks that the specified update be provided inelectronic format, neither the association nor its common interest communitymanager may require the requester to pay any fees to use the provider'selectronic network or system. A copy of the specified update shall beprovided to the seller or his authorized agent.
K. When an association disclosure packet has been delivered as required by §55-509.5, the association shall, as to the purchaser, be bound by thestatements set forth therein as to the status of the assessment account andthe status of the lot with respect to any violation of the declaration,bylaws, rules and regulations, architectural guidelines and articles ofincorporation, if any, of the association as of the date of the statementunless the purchaser had actual knowledge that the contents of the disclosurepacket were in error.
L. If the association or its common interest community manager has beenrequested in writing to furnish the association disclosure packet required by§ 55-509.5, failure to provide the association disclosure packetsubstantially in the form provided in this section shall be deemed a waiverof any claim for delinquent assessments or of any violation of thedeclaration, bylaws, rules and regulations, or architectural guidelinesexisting as of the date of the request with respect to the subject lot. Thepreparer of the association disclosure packet shall be liable to the sellerin an amount equal to the actual damages sustained by the seller in an amountnot to exceed $1,000. The purchaser shall nevertheless be obligated to abideby the declaration, bylaws, rules and regulations, and architecturalguidelines of the association as to all matters arising after the date of thesettlement of the sale.
