Legal Question in Real Estate Law in Pennsylvania
Neither my condo governing docs or the PA condo act state or indicate that a fee is due the Association as a result of the Association fulfilling their obligations under Section 3407 of the Act. As such, (a) are Sellers legally obligated to pay whatever fee the Association charges; (b) can Sellers refuse to pay the fee; (c) must the Association include something in their rules/regs or governing documents about this; (d) can the Seller pass this cost on to the Buyer?
1 Answer from Attorneys
A seller is required to provide to the buyer a Section 3407 Certificate and copies of the governing documents. The Association is entitled to charge the Unit Owner [meaning the seller] a reasonable fee for preparing the certificate.
If the seller refuses to pay the fee, the Association may not issue the Certificate.
Since it is the seller's obligation to provide the required information, the fee may not be passed along to the buyer. It is similar to any other requirement that the seller must satisfy by law, such as a township resale certificate or a use and occupancy certificate.
The right of the Association to make a reasonable charge is contained in the PA Uniform Condominium Act. When a requirement is a matter of law, it need not be included in condo governing documents.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
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