Q & A | When we receive a contract for the sale of a 1-4 family residence and there is no HOA addendum attached, who pays for the resale certificate?

Q: When we receive a contract for the sale of a 1-4 family residence and there is no HOA addendum attached, who pays for the resale certificate?

A: Effective Jan. 1, 2012, there was a new subsection (g) added to Section 5.012 of the Texas Property Code that provides as follows:

(g)  The purchaser shall pay the fee to the property owners’ association or its agent for issuing the resale certificate unless otherwise agreed by the purchaser and seller of the property.  The property owners’ association may require payment before beginning the process of providing a resale certificate requested under Chapter 207 but may not process a payment for a resale certificate until the certificate is available for delivery.  The association may not charge a fee if the certificate is not provided in the time prescribed by Section 207.003(a).