Jul. 3, 2012
Dear George: At my monthly homeowners association meeting, there was a discussion regarding issues with the brick wall surrounding the neighborhood. It’s unclear who owns the wall – the HOA or the property owners. One owner, who is a REALTOR®, said that any problems regarding the brick wall must be disclosed if any of us were to sell our properties. However, my property doesn’t have any brick wall on it. Would I have to include issues with the wall on my seller’s disclosure sheet?
Answer: A good rule of thumb is that if you have to ask whether to disclose something, it’s usually a good idea to disclose it. In your case, consider attaching a statement to the disclosure notice regarding any problems with the wall and the discussions that occurred at the HOA meeting, even though you believe it does not involve your property.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.