When a California residential purchase and sale agreement is pending for a property, the seller must disclose to buyers the homeowner association information and provide copies of relevant HOA documents.
That required seller side HOA information disclosure in California would include the following documents:
- Governing documents
- Articles of incorporation
- Codes, Covenants and Restrictions
- Rules of the association for use of property, activities and architectural control
- Annual budget and financial documents, including income and expense statement, balance statement, and reserve study
- Board meeting minutes for the past 12 months
When asked by an escrow officer in a California home sale deal to provide documents, some HOAs do that service and charge to owner/sellers according to law.
However, other HOA boards hire an independent contractor (usually its management company) to copy and provide documents to escrow.
The amount of money that California HOAs can charge for their own services is limited by law. However, most HOA boards delegate this task to their management companies who charge for that service and keep the money. In those situations of hired contractors providing HOA documents, they are not now limited by law as to amount of their charges.
Home sellers in California are usually obligated by terms of purchase contract to provide HOA documents and pay for those charges.
There is some disagreement in the California real estate business community as to whether the amount of charges by HOA board's independent contractor for HOA docs should be controlled by law.
This is for information only about California homes sale transactions and not the providing of legal or tax services. If you want to know about what HOA docs are required for disclosure in your own home sale or purchase situation, you should contact an experienced Realtor in your area.
Harrison K. Long – solutions for real estate and business – REALTOR® and broker associate, GRI – Coldwell Banker Residential Brokerage – 949-854-7747 (phone) – ExploreProperties@gmail.com (email) – CA DRE 01410855 – SFR short sale and foreclosure resource certified by the National Association of REALTORs® – also now serving as director at California Association of REALTORs®.