California HOA Transfer Documents

What this letter does

A California HOA transfer documents request asks the association for the materials that an owner must provide to a buyer when selling a home in a common interest development. Civil Code section 4525 lists what the owner must deliver, and the owner usually has to get many of the items from the association.

What section 4525 requires the owner to provide

The owner must give a prospective purchaser, as soon as practicable before transfer of title or execution of a real property sales contract:

1. All governing documents, or a statement that the association is not incorporated.
2. A statement of any age-based occupancy, residency or use restriction that differs from Civil Code section 51.3.
3. The most recent documents distributed under the annual disclosure article (starting at section 5300).
4. A written statement from an authorized association representative showing current regular and special assessments and fees, unpaid assessments on the owner's interest, and unpaid fines or penalties, including late charges, interest and collection costs that are or may become a lien.
5. A copy or summary of any unresolved alleged-violation notice sent under section 5855.
6. A copy of the initial list of construction defects given to members, unless later resolved.
7. A copy of the latest information provided under section 6100.
8. Board-approved changes to regular or special assessments and fees not yet due.
9. A statement describing any governing-document provision that prohibits renting or leasing.
10. If the purchaser requests them, approved board meeting minutes from the prior 12 months, excluding executive sessions.
11. A copy of the report from the most recent inspection under section 5551.

What section 4530 says about the association's response

• 10 days. Upon written request, the association must within 10 days of the mailing or delivery of the request provide the owner, or any other recipient the owner authorizes, a copy of all the requested documents specified in section 4525.
• Electronic delivery. Documents may be kept in electronic form and posted on the association's website. Requesting parties have the option of receiving them electronically if the association keeps them that way.
• No withholding. Delivery may not be withheld for any reason or subject to any condition except payment of the authorized fee.
• Fee. The association may collect a reasonable fee from the seller based on its actual cost for procuring, preparing, reproducing and delivering the documents. No additional fee may be charged for electronic delivery instead of hard copy. Before processing a request, it must give a written or electronic estimate of fees on the form described in section 4528.
• Cancellations. No cancellation fee may be collected if the request was canceled in writing by the party who placed it before work was performed, or if work performed was paid for. The association must refund fees for work not performed.
• Billing rules. Fees must be separately stated and separately billed from other fees, fines or assessments in the transfer. Documents not required by section 4525 may not be included or bundled. Each document's fee must be itemized in the statement the seller gives the buyer, and the seller compensates the association.
• Form. The association must give the completed section 4528 form when it delivers the documents, and the seller may buy some or all of the documents listed, not necessarily all.

Also confirm whether section 4525 applies to your sale, since it does not apply to an owner covered by Business and Professions Code section 11018.6.

How to use the letter

1. Request the documents early, since they come from several sources.
2. Ask in writing and keep a record.
3. Check the written statement of assessments against your account.
4. Give the buyer everything on the list.

See also the California records request and the closing letter.

The unresolved violation notices in item 5 are those sent under section 5855, covered in the California disciplinary hearing notice. Unpaid assessments in item 4 may lead to a lien, which the California pre-lien notice explains.

Common questions

Who must give the buyer the HOA documents in California?

The owner (seller), though much of the content comes from the association.

How long does the association have to respond?

Within 10 days of the mailing or delivery of a written request, under section 4530(a)(1).

This page gives general information and sample wording. It is not legal advice, and requirements differ by state and by association.