1368-1368.1 Documents to Purchaser Prior to Sale
CALIFORNIA CODES
CIVIL
CODE
SECTION 1368-1368.1
1368.1. (a) Any rule or regulation of an association that
arbitrarily or unreasonably restricts an owner's ability to market
his or her interest in a common interest development is void.
(b) No association may adopt, enforce, or otherwise impose any
rule or regulation that does either of the following:
(1) Imposes an assessment or fee in connection with the marketing
of an owner's interest in an amount that exceeds the association's
actual or direct costs. That assessment or fee shall be deemed to
violate the limitation set forth in Section 1366.1.
(2) Establishes an exclusive relationship with a real estate
broker through which the sale or marketing of interests in the
development is required to occur. The limitation set forth in this
paragraph does not apply to the sale or marketing of separate
interests owned by the association or to the sale or marketing of
common areas by the association.
(c) For purposes of this section, "market" and "marketing" mean
listing, advertising, or obtaining or providing access to show the
owner's interest in the development.
(d) This section does not apply to rules or regulations made
pursuant to Section 712 or 713 regarding real estate signs.
1368.2. The form for billing disclosures required by Section 1368
shall be in substantially the following form and in at least 10-point
type:
CHARGES FOR DOCUMENTS PROVIDED AS REQUIRED BY
SECTION 1368*
Property Address __________________________________
Owner of Property _________________________________
Owner's Mailing Address ______________________
(If known or different
_______________________
from property address.)
Provider of the Section 1368 Items:
_________________________________________________
Print Name Position or Title Association or Agent
___________________
Date Form Completed
Check or Complete Applicable Column or Columns
Below
Not
Available
Document Civil Code Included (N/A) or
Section Not
Applicable
(N/App)
Articles of
Incorporation Section
or statement 1368(a)(1) _________ ___________
that not
incorporated
CC&Rs Section _________ ___________
1368(a)(1)
Bylaws Section _________ ___________
1368(a)(1)
Operating Rules Section _________ ___________
1368(a)(1)
Age Section
restrictions, 1368(a)(2) _________ ___________
if any
Pro forma
operating Sections
budget or 1365 and _________ ___________
summary, 1368(a)(3)
including
reserve study
Assessment and Sections
reserve funding 1365 and _________ ___________
disclosure 1368(a)(4)
summary
Financial Sections
statement review 1365 and _________ ___________
1368(a)(3)
Assessment Sections
enforcement 1365 and _________ ___________
policy 1368(a)(4)
Insurance Sections
summary 1365 and _________ ___________
1368(a)(3)
Regular Section _________ ___________
assessment 1368(a)(4)
Special Section _________ ___________
assessment 1368(a)(4)
Emergency Section _________ ___________
assessment 1368(a)(4)
Other unpaid Sections
obligations of 1367.1 and _________ ___________
seller 1368(a)(4)
Approved Sections
changes to 1365 and _________ ___________
assessments 1368(a)(4),
(8)
Settlement Sections
notice 1368(a)(6),
regarding (7) and _________ ___________
common area 1375.1
defects
Sections
Preliminary 1368(a)(6), _________ ___________
list of defects 1375, and
1375.1
Notice(s) of Sections
violation 1363 and _________ ___________
1368(a)(5)
Required
statement of Section 1368 _________ ___________
fees
Minutes of
regular
meetings of the
board of
directors Section _________ ___________
conducted over 1368(a)(9)
the
previous 12
months, if
requested
Total fees for _________
these documents:
* The information provided by this form may not
include all fees that may be imposed before the
close of escrow. Additional fees that are not
related to the requirements of Section 1368 may be
charged separately. |