Civil Code §4525. Disclosure to Prospective Purchaser.
: Civ. Code §1368(a)
(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
(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.
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.
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
owner’s interest in a common interest development pursuant to
Article 2 (commencing with Section 5650) of Chapter 8.
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
(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 made.
(7) A copy of the latest information provided for in Section 6100.
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
(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
(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.
(Amended by Stats. 2013, Ch. 183, Sec. 14. Effective January 1, 2014.)