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Oh Disclosure RequirementsResidential_property_disclosure_formMEDIUM

Carlos, an Ohio seller, is asked about HOA assessments on the disclosure form. The HOA has informed all owners of a pending special assessment for pool repairs but has not yet voted on the exact amount. Under Ohio law, must Carlos disclose this?

Correct Answer

C) Yes, Carlos should disclose the pending assessment even if the exact amount is not yet determined

Under Ohio disclosure principles, material conditions that the seller is aware of should be disclosed, including pending assessments that have been communicated to owners. Even though the exact amount is not finalized, the fact that a special assessment is being considered is material information for the buyer.

Answer Options
A
No, because the assessment has not been formally approved or voted upon
B
Only if the assessment is expected to exceed $1,000 per unit
C
Yes, Carlos should disclose the pending assessment even if the exact amount is not yet determined
D
Carlos must contact the Ohio Division of Real Estate for guidance before disclosing

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Related Topics & Key Terms

Key Terms:

HOA_assessmentpending_disclosurematerial_conditionORC_5302.30

Related Concepts

A seller's disclosure statement is a form that sellers complete to inform buyers about the condition and history of the property, including known defects, past repairs, insurance claims, and environmental issues.

Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.

A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.

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