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4525 - 4545 Transfers Disclosures

SECTION 4525-4545

Transfer Disclosure

4525.  (a) The owner of a separate interest shall provide the
following documents to a prospective purchaser of the separate
interest, as soon as practicable before the transfer of title or the
execution of a real property sales contract, as defined in Section
   (1) A copy of all governing documents. If the association is not
incorporated, this shall include a statement in writing from an
authorized representative of the association that the association is
not incorporated.
   (2) If there is a restriction in the governing documents limiting
the occupancy, residency, or use of a separate interest on the basis
of age in a manner different from that provided in Section 51.3, a
statement that the restriction is only enforceable to the extent
permitted by Section 51.3 and a statement specifying the applicable
provisions of Section 51.3.
   (3) A copy of the most recent documents distributed pursuant to
Article 7 (commencing with Section 5300) of Chapter 6.
   (4) A true statement in writing obtained from an authorized
representative of the association as to the amount of the association'
s current regular and special assessments and fees, any assessments
levied upon the owner's interest in the common interest development
that are unpaid on the date of the statement, and any monetary fines
or penalties levied upon the owner's interest and unpaid on the date
of the statement. The statement obtained from an authorized
representative shall also include true information on late charges,
interest, and costs of collection which, as of the date of the
statement, are or may be made a lien upon the owner's interest in a
common interest development pursuant to Article 2 (commencing with
Section 5650) of Chapter 8.
   (5) A copy or a summary of any notice previously sent to the owner
pursuant to Section 5855 that sets forth any alleged violation of
the governing documents that remains unresolved at the time of the
request. The notice shall not be deemed a waiver of the association's
right to enforce the governing documents against the owner or the
prospective purchaser of the separate interest with respect to any
violation. This paragraph shall not be construed to require an
association to inspect an owner's separate interest.
   (6) A copy of the initial list of defects provided to each member
pursuant to Section 6000, unless the association and the builder
subsequently enter into a settlement agreement or otherwise resolve
the matter and the association complies with Section 6100. Disclosure
of the initial list of defects pursuant to this paragraph does not
waive any privilege attached to the document. The initial list of
defects shall also include a statement that a final determination as
to whether the list of defects is accurate and complete has not been
   (7) A copy of the latest information provided for in Section 6100.
   (8) Any change in the association's current regular and special
assessments and fees which have been approved by the board, but have
not become due and payable as of the date disclosure is provided
pursuant to this subdivision.
   (9) If there is a provision in the governing documents that
prohibits the rental or leasing of any of the separate interests in
the common interest development to a renter, lessee, or tenant, a
statement describing the prohibition.
   (10) If requested by the prospective purchaser, a copy of the
minutes of board meetings, excluding meetings held in executive
session, conducted over the previous 12 months, that were approved by
the board.
   (b) This section does not apply to an owner that is subject to
Section 11018.6 of the Business and Professions Code.

4528.  The form for billing disclosures required by Section 4530
shall be in at least 10-point type and substantially the following

  Owner of
  (If known
  of the
  4525 Items:
  Print Name
  or Title
  or Agent
  Date Form

  Check or Complete Applicable Column or Columns
                                           (N/A) or
                              Civil Code   (N/App)
  Document                    Section
  Articles of Incorporation   Section
  or statement that not       4525(a)(1)
  CC&Rs                       Section
  Bylaws                      Section
  Operating Rules             Section
  Age restrictions, if any    Section
  Rental restrictions, if any Section
  Annual budget report or     Sections
  summary, including reserve  5300 and
  study                       4525(a)(3)
  Assessment and reserve      Sections
  funding disclosure summary  5300 and
  Financial statement review  5305 and
  Assessment enforcement      Sections
  policy                      5310 and
  Insurance summary           5300 and
  Regular assessment          Section
  Special assessment          Section
  Emergency assessment        Section
  Other unpaid obligations    Sections
  of seller                   5675 and
  Approved changes to         5300 and
  assessments                 4525(a)(4),
  Settlement notice           Sections
  regarding common area       4525(a)(6),
  defects                     (7), and
  Preliminary list of defects 4525(a)(6),
                              6000, and
  Notice(s) of violation      5855 and
  Required statement of fees  Section
  Minutes of regular board
  meetings conducted over     Section
  the previous 12 months, if  4525(a)(10)
  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 4525 may be
  charged       separately.

4530.  (a) (1) Upon written request, the association shall, within
10 days of the mailing or delivery of the request, provide the owner
of a separate interest, or any other recipient authorized by the
owner, with a copy of the requested documents specified in Section
   (2) The documents required to be made available pursuant to this
section may be maintained in electronic form, and may be posted on
the association's Internet Web site. Requesting parties shall have
the option of receiving the documents by electronic transmission if
the association maintains the documents in electronic form.
   (3) Delivery of the documents required by this section shall not
be withheld for any reason nor subject to any condition except the
payment of the fee authorized pursuant to subdivision (b).
   (b) (1) The association may collect a reasonable fee based upon
the association's actual cost for the procurement, preparation,
reproduction, and delivery of the documents requested pursuant to
this section. Additional fees shall not be charged by the association
for the electronic delivery of the documents requested.
   (2) Upon receipt of a written request, the association shall
provide, on the form described in Section 4528, a written or
electronic estimate of the fees that will be assessed for providing
the requested documents.
   (3) (A) A cancellation fee for documents specified in subdivision
(a) shall not be collected if either of the following applies:
   (i) The request was canceled in writing by the same party that
placed the order and work had not yet been performed on the order.
   (ii) The request was canceled in writing and any work that had
been performed on the order was compensated.
   (B) The association shall refund all fees collected pursuant to
paragraph (1) if the request was canceled in writing and work had not
yet been performed on the order.
   (C) If the request was canceled in writing, the association shall
refund the share of fees collected pursuant to paragraph (1) that
represents the portion of the work not performed on the order.
   (4) Fees for any documents required by this section shall be
distinguished from other fees, fines, or assessments billed as part
of the transfer or sales transaction.
   (c) An association may contract with any person or entity to
facilitate compliance with this section on behalf of the association.
   (d) The association shall also provide a recipient authorized by
the owner of a separate interest with a copy of the completed form
specified in Section 4528 at the time the required documents are

4535.  In addition to the requirements of this article, an owner
transferring title to a separate interest shall comply with
applicable requirements of Sections 1133 and 1134.

4540.  Any person who willfully violates this article is liable to
the purchaser of a separate interest that is subject to this section
for actual damages occasioned thereby and, in addition, shall pay a
civil penalty in an amount not to exceed five hundred dollars ($500).
In an action to enforce this liability, the prevailing party shall
be awarded reasonable attorney's fees.

4545.  Nothing in this article affects the validity of title to real
property transferred in violation of this article.

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