I didn’t take the post to mean backpayments because it was not implied at all. I took it to be HOA documentation because of what the person posted,
“For example, if they will not pay for the HOA package, would we be able to force them to pay by court order or mediation?”
To me, an HOA package to me would be the Bylaws, CCRs and previous meeting minutes.
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No disclosure may not be an issue here but if it is HOA backpayments like you said which are incredibly common, then disclosure should be made about that. Now like you, I understand it is also incredibly common that they are not made (like never), but that doesn’t make it right. Getting it from the prelim is commonplace but once more, if we go by the letter of the contract, it SHOULD be disclosed by the seller if the seller knows about it and most sellers defaulting on HOA payments do know about it.
Once more the point of the poster to me is a complaint about adhering to the letter of the contract.
