Selling a house with unpaid HOA or condo dues
Past-due dues come to light before closing either way. Here's what buyers will see in Virginia, Maryland and DC, and how the balance gets paid.
No obligation. No pressure. Takes about 2 minutes.
The short answer
You can sell with unpaid HOA or condo dues, but they will show up before closing and are normally paid off then. In Virginia, the association's resale certificate must list any unpaid assessments, and in Maryland the seller has to disclose whether HOA fees are delinquent. The simplest path is to get the exact amount owed from the association and have it paid from your sale proceeds.
Step by step
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1
Get the amount owed in writing
Ask the association or its manager for a figure that includes regular dues, special assessments and any late fees, good through your closing date.
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2
Virginia: the resale certificate
The seller or seller's agent requests a resale certificate, and the association has 14 days after a written request to deliver it. It must state current assessments, any unpaid assessments and other fees the owner owes. A Virginia property owners' association can also perfect a lien for unpaid assessments by recording it with the circuit court clerk.
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3
Maryland: the seller's disclosures
For a lot in an HOA, the seller's disclosures must include the current fees and whether any fees, assessments or charges are delinquent. For a condo, the seller gives the buyer a certificate from the council of unit owners showing any unpaid assessments, no later than 15 days before closing.
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DC condos: ask early
In DC, a condo association has 10 days after a request to furnish its resale certificate, and the buyer can cancel within 3 business days of receiving the documents. Request it as soon as you decide to sell.
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5
Clear it at closing
The past-due amount comes out of your proceeds at settlement. If cash is short before then, ask the association about a payment plan so the balance doesn't keep growing.
Sources: Code of Virginia § 55.1-2309 (resale certificate delivery) · Code of Virginia § 55.1-2310 (resale certificate contents) · Code of Virginia § 55.1-1833 (association lien) · Maryland Real Property § 11B-106 (HOA disclosures) · Maryland Real Property § 11-135 (condo resale disclosures) · D.C. Code § 42-1904.11 (condo resale certificate)
This page explains the general rules. It isn't legal advice. Your association's documents and your contract matter, so talk to a real estate attorney or your settlement company about your sale.
Cash offer vs listing
Example: a $250,000 home
| Offer | $205,000 |
|---|---|
| Repairs | $0 |
| Commissions | $0 |
| Closing costs | $0 |
| You walk away with | $205,000 |
| In 7 to 14 days | |
| Sale price | $250,000 |
|---|---|
| Repairs | about $8,000 |
| Commissions | about $13,800 |
| Closing and holding | about $6,000 |
| You walk away with | about $222,200 |
| In 60 to 90 days | |
Example only. Your numbers depend on your home and market.
We'll show you a cash offer next to a listing estimate, both after the past-due dues are paid, so you see what you'd keep.
Frequently asked questions
Will the buyer find out about unpaid dues?
Yes. In Virginia the resale certificate lists unpaid assessments, and in Maryland the seller's disclosures say whether HOA fees are delinquent.
Can an HOA put a lien on my house?
In Virginia, a property owners' association can record a lien for unpaid assessments with the circuit court clerk, and can foreclose on it only if the total is more than $5,000, not counting attorney fees and costs. Condo and out-of-state rules differ.
How long does a Virginia resale certificate take?
The association has 14 days after a written request from the seller or the seller's agent.
Who are you?
We are real estate investors based in Baltimore, helping homeowners since 2016. We buy houses directly for cash. We are not a licensed real estate brokerage and do not list homes ourselves; if listing could get you more, we show you the math so you can choose.