Virginia resale certificates: what sellers and buyers need

If you are selling a home in a Virginia HOA or condominium, the association has to hand the buyer one document before closing, and it has 14 days to do it. A Virginia resale certificate gathers the governing documents, the association's finances, and anything outstanding against the unit, so a buyer knows what they are joining before they are committed.

Virginia also uses the term for a sales-tax exemption form. That one has nothing to do with real estate, so if it is what brought you here, this is not the guide you want.

Everything below is the community-association version: what is inside the certificate, what changed in 2023 when Virginia merged the HOA disclosure packet and the condo resale certificate into one, how to order it, who pays, and when a buyer can cancel.

What is a Virginia resale certificate?

A Virginia resale certificate is the set of association documents and disclosures state law requires a seller to give a buyer when selling a home inside an HOA or condominium. It tells the buyer what they are joining, financially and legally, before they are committed.

It is not the sales-tax certificate. Virginia's Form ST-10 lets a retailer buy inventory without paying sales tax and has nothing to do with real estate.

The requirement sits in the Resale Disclosure Act, Chapter 23.1 of Title 55.1. The seller or the seller's agent obtains the certificate from the association and gives it to the buyer, and the contents are set by statute at § 55.1-2310 rather than left to each association. Because the contents are statutory and the Common Interest Community Board publishes a standard form, a Virginia resale certificate from a community in Richmond looks much like one from Fredericksburg, which is what makes the document comparable from one sale to the next.

Two different "resale certificates" (and the old "disclosure packet")

Two unrelated documents in Virginia go by this name, and a third term is simply out of date. Here is how they differ.

That last one explains why older articles contradict each other. Until mid-2023 HOAs issued an "association disclosure packet" under the Property Owners' Association Act and condominiums a "resale certificate" under the Condominium Act. The Resale Disclosure Act took effect July 1, 2023 and merged both into a single resale certificate covering HOAs, condominiums and co-ops, repealing the old sections outright. A guide still describing a separate HOA disclosure packet, or citing a section in the 55.1-1800s or § 55.1-1990, is describing law that no longer exists.

What's inside a Virginia resale certificate

A Virginia resale certificate gathers the association's governing documents together with its current financial and governance picture, so a buyer can see what they are taking on before the window to walk away closes. The full contents list is statutory, at § 55.1-2310, and the Common Interest Community Board publishes the standard form associations use.

The main categories a buyer should expect to find:

• The governing documents: declaration, bylaws, and the rules and regulations
• The current assessment, how often it is payable, and any unpaid balance, charges or lien against the unit
• The association's budget and reserve information
• Insurance the association carries, coverage owners are recommended or required to carry, and whether the documents may make an owner responsible for a deductible
• Approved or pending special assessments and capital expenditures
• Recent approved minutes
• Any covenant enforcement or architectural matter affecting the unit
• The statutory disclosures the standard form requires

The unpaid-balance and covenant lines most often change a transaction, because a lien has to clear before clean title passes and an unapproved exterior change becomes the buyer's problem at closing. Getting it wrong has a consequence. Under § 55.1-2314, where an association or preparer fails the contents or update requirements, the buyer is not required to pay delinquent assessments or remedy a governing-document matter existing as of the certificate's date. Two exceptions: the association can still enforce a prior owner's matter if it was properly noted on the certificate or update, or if the seller never gave the buyer the certificate. Anything arising after the buyer takes title binds them regardless. For the framework these documents sit inside, see our guide to how Virginia community-association law works.

How current does it have to be?

The information has to be current as of a date printed on the certificate, and that date matters more than the delivery date, because the certificate is a snapshot rather than a standing record. If it was issued more than 30 days but less than 12 months before settlement, the seller, or the buyer on proof of being the contract purchaser, can request an updated resale certificate, and a settlement agent can request a financial update.

How to order a Virginia resale certificate (and how long it takes)

The seller or the seller's agent requests the certificate in writing from the association or its managing agent, who must deliver within 14 days. If nothing arrives in that window the law treats the certificate as unavailable, which gives the buyer rights of its own.

The 14-day duty does not cover every transfer. Section 55.1-2317 exempts gifts, foreclosures and deeds in lieu, court-ordered dispositions, qualifying auction sales, communities with no residential units, and an initial disposition to a buyer not acquiring the unit as a residence. Where one is required and a trustee sells, the trustee must obtain it.

Two practical points. The seller chooses the format, printed or electronic. And an association cannot require the buyer's name before preparing the certificate, so a seller can order early without waiting for a ratified contract.

Ordering at listing rather than at ratification is the one thing that keeps this off a closing's critical path, because 14 days against a 30-day contract leaves little room if anything needs correcting. Resale certificates for Landmarc-managed communities are ordered through CondoCerts, the portal most agents and title companies already use. Boards wanting resale processing handled as part of their financial management can see how that works.

Who pays, and what it costs

The seller pays for preparation and delivery, due when the certificate is ordered unless the association has adopted a different policy. Virginia caps these fees rather than leaving them to each association, and the Common Interest Community Board sets and periodically adjusts the schedule covering preparation, delivery, expedited delivery, the unit inspection, financial updates and a post-closing fee. Associations must publish their fee schedule, so ask for it up front. Check the current CICB schedule rather than a figure quoted in an article, because the amounts change.

The buyer's right to cancel

Virginia gives the buyer a statutory right to review the resale certificate and cancel the contract, and the window depends on when the certificate arrives relative to when the contract is ratified.

Under § 55.1-2312 the parties can agree on a cancellation period in the ratified contract. Where none is specified, the statute supplies three days: from ratification if the certificate or a notice of unavailability arrived before ratification, or from receipt if it arrived after. If neither is ever delivered, the buyer can cancel any time before settlement.

An incomplete or outdated certificate still starts the buyer's clock, because the statute measures from delivery whether or not the certificate is complete. The right also ends at the closing table: the right to receive the certificate and to cancel are conclusively waived if not exercised before settlement.

Frequently asked questions

What is a Virginia resale certificate?

It is the set of association documents and disclosures a seller must give a buyer when selling a home in a Virginia HOA or condominium. It is required by the Resale Disclosure Act and its contents are set by statute. It is not the sales-tax resale certificate retailers use.

Is a resale certificate the same as a sales tax resale certificate?

No. Virginia's sales-tax resale certificate, Form ST-10, lets a retailer buy inventory without paying sales tax. The community-association one is for selling a home in an HOA or condominium. They share a name and nothing else.

How long does an association have to deliver a resale certificate in Virginia?

Fourteen days from a written request by the seller or the seller's agent, under § 55.1-2309. If nothing arrives in that window the certificate is deemed unavailable, which triggers rights for the buyer. Some transfers are exempt under § 55.1-2317, including gifts and foreclosures.

Who pays for the resale certificate, and what does it cost?

The seller pays for preparation and delivery, due when ordered unless the association's policy says otherwise. Virginia caps the fees and the Common Interest Community Board sets and periodically adjusts the schedule. Associations must publish their fee schedule, so ask for the current one.

Can a buyer cancel after reviewing the resale certificate?

Yes. Under § 55.1-2312 the buyer may cancel within a period the ratified contract specifies, or, if it specifies none, within a statutory three days measured from ratification or from receipt depending on when the certificate arrived. If it is never delivered, the buyer may cancel any time before settlement. Confirm your own deadline with your agent or counsel.

What happened to the HOA "disclosure packet"?

Virginia merged it into the resale certificate. Before July 1, 2023, HOAs issued a disclosure packet and condominiums a resale certificate under two separate statutes. The Resale Disclosure Act consolidated both into one standard resale certificate for HOAs, condominiums and co-ops, and repealed the older provisions.

One document, one clock

Since 2023 Virginia has had a single resale certificate with a 14-day clock on it. Ordering it at listing rather than at ratification keeps it from becoming the thing that delays a closing.