Homeowners Association Responses Template

HOMEOWNERS ASSOCIATION RESPONSES TEMPLATE

This Responses and Certification Agreement is entered into as of the date set forth below by and between Association Name: (the "Association") and Requesting Party Name: (the "Requestor"). Association Address:

RECITALS

WHEREAS, Requestor submitted a written request dated seeking information and confirmation from the Association concerning the real property commonly described as: Property Address: ; and

WHEREAS, the Association is authorized by its recorded governing instruments to provide certain certifications, statements of account and records related to the property and to charge a reasonable fee for the preparation and delivery of such materials; and

WHEREAS, the parties desire to set forth the Association's formal written responses, the records to be produced, and the certifications and limitations applicable to those responses.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Association and Requestor agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings ascribed below: "Governing Instruments" means the recorded declaration of covenants, conditions and restrictions, bylaws and rules of the Association; "Records" means copies of Association documents specifically identified in Section 3; and "Assessment Obligations" means any unpaid regular or special assessments, late charges, interest, fines or costs that are a lien against the Property under applicable governing law and the Governing Instruments.

2. SCOPE OF RESPONSES

The Association shall provide written responses to the Requestor's inquiries identified below and shall produce the Records described in Section 3. The responses are limited to the Association's information and documents in its possession as of the Response Date: . The Association is not required by this Agreement to create new records, perform title searches, or provide legal opinions.

3. RECORDS AND DOCUMENTS TO BE PROVIDED

The Association will provide copies of: a) the Declaration and recorded amendments; b) current Bylaws and Rules; c) recent financial statements; d) minutes of Board meetings for the prior years; and e) any notices of violation or hearings concerning the Property that are final and in the Association's possession. Additional documents to be provided (if available):

4. STATUS OF COMPLIANCE, VIOLATIONS AND LITIGATION

Association certifies the following to the best of its knowledge as of the Response Date:

a) Outstanding Assessments or Charges: Amount Outstanding: $ . Assessment obligations are current: Checked means no unpaid assessments known.

b) Violations: Are there any recorded violations or outstanding architectural nonconformities affecting the Property? Yes — if checked, describe:

c) Litigation or Claims: Is the Association a party to any pending legal action specifically involving the Property? Yes — if checked, provide case name, court and status:

5. ARCHITECTURAL AND APPROVAL MATTERS

The Association confirms whether any outstanding architectural approvals, open applications or restrictions apply to the Property: Open application on file: Yes. If checked, describe status and required actions:

6. FEES, CHARGES AND DELIVERY

Requestor agrees to pay Association's reasonable fee for preparation and delivery of the Records in the amount of $ plus any applicable copying or delivery charges. Records will be produced within business days following receipt of payment and identification sufficient to verify the Requestor's entitlement.

7. REPRESENTATIONS, WARRANTIES AND LIMITATIONS

The Association represents that to the best of its actual knowledge the responses in this Agreement are true and correct as of the Response Date. The Association makes no representation or warranty as to the legal sufficiency of the Records for any particular purpose, title status, or the completeness of information that may be held by third parties, and specifically disclaims any duty to perform independent title or lien searches.

Requestor acknowledges that reliance on the Association's responses is at Requestor's sole risk and agrees to indemnify and hold the Association harmless from any claims arising from reliance upon or dissemination of the Records, except to the extent caused by the Association's gross negligence or willful misconduct.

8. CONFIDENTIALITY

The Records provided may contain personal information of owners and residents and, to the extent permitted by law, such Records shall be used only for the purpose stated by the Requestor. Requestor agrees not to distribute personal information beyond the scope of the stated purpose except as required by law.

9. NOTICES

All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when personally delivered, delivered by nationally recognized overnight courier, or three (3) business days after deposit in the United States mail, postage prepaid, to the addresses set forth above.

10. ENFORCEMENT, REMEDIES AND FEES

If either party materially breaches this Agreement, the non-breaching party shall be entitled to seek all available remedies at law or in equity, including injunctive relief, and the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred in enforcing this Agreement, to the extent permitted by law.

11. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Association's principal office is located, without regard to conflict of law principles.

12. ENTIRE AGREEMENT; SEVERABILITY

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.

13. AMENDMENT; WAIVER; COUNTERPARTS

No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. Failure to enforce any provision shall not constitute a waiver. This Agreement may be executed in counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument.

14. CERTIFICATION

By signing below, the undersigned certify under penalty of perjury that they are authorized representatives of their respective parties, that the responses contained herein are true and correct to the best of their knowledge as of the Response Date, and that all Records delivered are true copies of Association files maintained in the ordinary course of business.

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