Civil Code §4530. Escrow Documents Provided by Association.
: Civ. Code §1368(b)
(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 4525.
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).
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.
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 prior to processing the request in paragraph (1) of subdivision (a).
(A) A cancellation fee for documents specified in subdivision (a) shall not be collected if either of the following applies:(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.
request was canceled in writing by the same party that placed the order
and work had not yet been performed on the order.(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.
(ii) The request was canceled in writing and any work that had been performed on the order was compensated.
(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.
(5) Any documents not expressly required by Section 4525 to be provided to a prospective purchaser by the seller shall not be included in the document disclosure required by this section. Bundling of documents required to be provided pursuant to this section with other documents relating to the transaction is prohibited.
(6) A seller shall provide to the prospective purchaser, at no cost, current copies of any documents specified by Section 4525 that are in the possession of the seller.
(7) The fee for each document provided to the seller for the purpose of transmission to the prospective purchaser shall be individually itemized in the statement required to be provided by the seller to the prospective purchaser.
(8) It is the responsibility of the seller to compensate the association, person, or entity that provides the documents required to be provided by Section 4525 to the prospective purchaser.
association may contract with any person or entity to facilitate
compliance with this section on behalf of the association.
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 delivered.
(Amended by Stats. 2014, Ch. 185, Sec. 2. Effective January 1, 2015.)