This is a question usually raised by a new homebuyer.  The new homebuyer should request a copy of the governing documents prior to making an offer, or should stipulate in writing 'that the offer is subject to acceptance of the governing documents'.  The governing documents include most importantly the covenants.  They also include the by laws.  The association plat will define the common areas.  The association may also have adopted resolutions and rules.

Many states have requirements that the seller or seller's agent disclose that the home is in a community with a homeowner association.  If in doubt, check with the State Real Estate Commission.  Some states require that the buyer sign a disclosure acknowleging the existance of a homeowner association.

The seller should be able to provide a copy of the governing documents.  If lost or misplaced, they should be able to provide contact information for the association board secretary or the management company.  If the buyer or seller is represented by a Realtor, they should be obtain the documents.  Also, some management companies will charge for photocopy or administrative services.  Ask if the documents are available on-line or if they can be emailed.

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