The HOA Act requires the Seller or Listing Broker to obtain the Disclosure Certificate (DC), Declaration, Bylaws, Polices and Covenants, Conditions & Restrictions from the HOA and provide these documents to the Buyer. It is NOT the Buyer or Buyer's Broker's responsibility under the law to obtain these documents from the HOA. Title Companies may be willing to request these documents from the HOA on behalf of the Seller, but the Seller or Listing Broker needs to confirm the Title Company is doing this and has provided these documents to the Buyer.
NOTE: that under the new amendments to the HOA Act, an HOA can NOT charge for a DC prior to closing and can ONLY charge for the DC IF there is a closing.
Ashley Strauss-Martin General Counsel
New Mexico Association of Realtors®
Legal Hot Line: (877) 699-7266