August 21st, 2017 at 11:22 am

Question: For the sale of a condominium, paragraph 10F of the Residential Purchase Agreement (RPA) states that the seller must ask the HOA to provide the buyer with the “documents required by law,” as well as other HOA items required by contract. The RPA, however, does not specify the HOA disclosures “required by law.” What are they?

Answer: The HOA disclosures required by law are the Articles of Incorporation, Bylaws, CC&Rs, and many other items. The entire list of HOA disclosures required by law is set forth in C.A.R.’s standard-form Charges for Required Homeowner Association Documents (Form HOA2) (or see section 4525 of the California Civil Code). Incidentally, the HOA items required by contract (such as information about litigation, parking, pet restrictions, and other items), are listed in another C.A.R. standard-form called Charges for Non-Statutory Homeowner Association Documents (Form HOA3).

-Thank you to Hazel Perera (Pasadena Office) for suggesting this week’s legal tip.

Copyright© 2017 Berkshire Hathaway HomeServices California Properties (BHHSCP). All rights reserved. Any unauthorized reproduction or use of this material is strictly prohibited. This information is believed to be accurate as of August 21, 2017. It is not intended as a substitute for legal advice in individual situations, and is not intended to nor does it create a standard of care for real estate professionals.

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