Required Documents Sellers Must Provide When Selling in a California HOA

When selling a home or condo located within a California homeowners association (HOA), sellers are legally required to provide buyers with a set of disclosures and documents under Civil Code §4525 and §4530. These documents help buyers understand the rules, financial condition, and management of the community they are buying into.

California HOA Seller Disclosure Checklist

• Covenants, Conditions & Restrictions (CC&Rs): The community rules and property use limitations.
• Articles of Incorporation: Required if the HOA is registered as a corporation.
• Bylaws: The HOA’s operating structure and procedures.
• Operating Rules: Also known as “house rules,” these cover day-to-day community policies.
• Annual Budget Report: Financial summary including income, expenses, and reserve projections.
• Assessment and Reserve Funding Disclosure Summary: A required form showing the HOA’s funding status and reserves.
• Financial Statement Review: Year-end financial report prepared according to accounting standards.
• Insurance Summary: Summary of insurance coverage held by the HOA, including liability and hazard policies.
• Minutes from Meetings: Board, member, and committee meeting minutes from the past 12 months (if available).
• Statement of Outstanding Assessments: Any unpaid dues, fines, or fees associated with the unit.
• Notice of Special Assessments: Disclosure of any approved or upcoming special assessments.
• Information on HOA Litigation: Disclosure of current or pending legal actions involving the HOA.
• Schedule of HOA Dues and Fees: Monthly dues, special assessments, and transfer or move-in fees.
• Change of Ownership Fee Disclosure: HOA administrative or transfer fees related to the sale.
• Disclosure of Known Violations: Any current violations of CC&Rs or rules tied to the property.
• Recent or Upcoming Rule Changes: Any rule updates not yet reflected in the Operating Rules.
• Civil Code §4525 Disclosure Form: A standardized summary form listing all HOA disclosures and buyer rights.

Best Practices for Sellers

Sellers are advised to request these documents from their HOA or management company as soon as their property goes under contract. Many HOA's require a formal document request and charge a fee to prepare the resale package. For example City Heights Condos charges over $1,200 for their re-sale package. Work with your real estate agent to ensure timely delivery and avoid delays during escrow.