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A buyer is considering purchasing a commercial condominium suite in Georgia. The unit is part of a condominium association. Why do buyers and lenders typically request association financial documents during the transaction?

Correct Answer

D) Association budgets, litigation status, dues history, and reserve levels directly affect ownership risk and loan eligibility

Under the Georgia Condominium Act (O.C.G.A. § 44-3-100 et seq.) and standard lending practices, buyers and lenders review association budgets, reserve studies, pending litigation, and dues history because these factors directly affect the financial viability of the association and the buyer's total cost of ownership. Underfunded reserves may lead to special assessments, pending litigation can result in financial liability, and delinquent dues may indicate collection problems — all of which affect whether a lender will approve financing and the level of risk a buyer assumes.

Answer Options
A
Past-due dues and special assessments are classified as stigma under O.C.G.A. § 44-1-16 and need not be disclosed to the buyer
B
Lenders require association documents solely to verify the seller's identity and confirm the unit number
C
Association financial records are only relevant if the buyer intends to serve on the board of directors after closing
D
Association budgets, litigation status, dues history, and reserve levels directly affect ownership risk and loan eligibility

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