QUESTION: The Davis-Stirling Act requires that an
association maintain documents for owners. Section 1368 requires the seller
to turn over some of those documents in a resale transaction. Do commercial
sellers and associations have the same requirement?
ANSWER: As you
noted, residential sellers are required to produce governing documents, financial
statements, a schedule of assessments, a list of defects, and make other disclosures
as provided for in
Civil Code 1368. Commercial and industrial condos, however, are exempt from
these Davis-Stirling requirements.
Civil Code 1373. The legislature decided that buyers of industrial and
commercial condos do not need the same level of protection as home buyers.