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1368.
(a) The owner of a separate interest, other than an owner subject to the
requirements of Section 11018.6 of the Business and Professions
Code, shall, as soon as practicable
before transfer of title to the separate interest or execution of a real
property sales contract therefor, as defined in Section 2985, provide the
following to the prospective purchaser:
(1) A copy of the governing documents of the common interest
development, including any operating rules, and including a copy of the
association's articles of incorporation, or, if not incorporated, a statement in
writing from an authorized representative of the association that the
association is not incorporated.
(2) If 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
Section 1365.
(4) A 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 the owner's interest in a
common interest development pursuant to Section 1367 or 1367.1.
(5) A copy or a summary of any notice previously sent to the owner
pursuant to subdivision (h) of Section 1363 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
separate interest.
(6) A copy of the preliminary list of defects provided to each
member of the association pursuant to Section 1375, unless the association and
the builder subsequently enter into a settlement agreement or otherwise resolve
the matter and the association complies with Section 1375.1. Disclosure of
the preliminary list of defects pursuant to this paragraph does not waive any
privilege attached to the document. The preliminary 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
1375.1.
(8) Any change in the association's current regular and special
assessments and fees which have been approved by the association's board of
directors, but have not become due and payable as of the date disclosure is
provided pursuant to this subdivision.
(b) Upon written request, an association shall, within 10 days of
the mailing or delivery of the request, provide the owner of a separate interest
with a copy of the requested items specified in paragraphs (1) to (8),
inclusive, of subdivision (a). The items required to be made available
pursuant to this section may be maintained in electronic form and requesting
parties shall have the option of receiving them by electronic transmission or
machine readable storage media if the association maintains these items in
electronic form. The association may charge a reasonable fee for this
service based upon the association's actual cost to procure, prepare, and
reproduce the requested items.
(c) (1) Subject to the provisions of paragraph (2), neither an
association nor a community service organization or similar entity may impose or
collect any assessment, penalty, or fee in connection with a transfer of title
or any other interest except for the following:
(A) An amount not to exceed the association's actual costs to
change its records.
(B) An amount authorized by subdivision (b).
(2) The amendments made to this subdivision by the act adding this
paragraph do not apply to a community service organization or similar entity
that is described in subparagraph (A) or (B):
(A) The community service organization or similar entity satisfies
both of the following requirements:
(i) The community service organization or similar entity was
established prior to February 20, 2003.
(ii) The community service organization or similar entity exists
and operates, in whole or in part, to fund or perform environmental mitigation
or to restore or maintain wetlands or native habitat, as required by the state
or local government as an express written condition of development.
(B) The community service organization or similar entity satisfies
all of the following requirements:
(i) The community service organization or similar entity is not an
organization or entity described in subparagraph (A).
(ii) The community service organization or similar entity was
established and received a transfer fee prior to January 1, 2004.
(iii) On and after January 1, 2006, the community service
organization or similar entity offers a purchaser the following payment options
for the fee or charge it collects at time of transfer:
(I) Paying the fee or charge at the time of transfer.
(II) Paying the fee or charge pursuant to an installment payment
plan for a period of not less than seven years. If the purchaser elects to
pay the fee or charge in installment payments, the community service
organization or similar entity may also collect additional amounts that do not
exceed the actual costs for billing and financing on the amount owed. If
the purchaser sells the separate interest before the end of the installment
payment plan
period, he or she shall pay the remaining balance prior to transfer.
(3) For the purposes of this subdivision, a "community service
organization or similar entity" means a nonprofit entity, other than an
association, that is organized to provide services to residents of the common
interest development or to the public in addition to the residents, to the
extent community common areas or facilities are
available to the public. A "community service organization or similar
entity" does not include an entity that has been organized solely to raise
moneys and contribute to other nonprofit organizations that are qualified as tax
exempt under Section 501(c) (3) of the Internal Revenue
Code and that provide housing or
housing assistance.
(d) Any person or entity who willfully violates this section is
liable to the purchaser of a separate interest that is subject to this section
for actual damages occasioned thereby and, in addition, shall pay a
civil penalty in an amount not to
exceed five hundred dollars ($500). In an action to enforce this
liability, the prevailing party shall be awarded reasonable attorneys' fees.
(e) Nothing in this section affects the validity of title to real
property transferred in violation of this section.
(f) In addition to the requirements of this section, an owner
transferring title to a separate interest shall comply with applicable
requirements of Sections 1133 and 1134.
(g) For the purposes of this section, a person who acts as a
community association manager is an agent, as defined in Section 2297, of the
association.
1368.1. (a) Any rule or regulation of an association that
arbitrarily or unreasonably restricts an owner's ability to market his or her
interest in a common interest development is void.
(b) No association may adopt, enforce, or otherwise impose any rule
or regulation that does either of the following:
(1) Imposes an assessment or fee in connection with the marketing
of an owner's interest in an amount that exceeds the association's actual or
direct costs. That assessment or fee shall be deemed to violate the
limitation set forth in Section 1366.1.
(2) Establishes an exclusive relationship with a real estate broker
through which the sale or marketing of interests in the development is required
to occur. The limitation set forth in this paragraph does not apply to the
sale or marketing of separate interests owned by the association or to the
sale or marketing of common areas by the association.
(c) For purposes of this section, "market" and "marketing" mean
listing, advertising, or obtaining or providing access to show the owner's
interest in the development.
(d) This section does not apply to rules or regulations made
pursuant to Section 712 or 713 regarding real estate signs.
(Return to
Rules/Governing Documents page)
f f f
 Artemisia
species, Wormwood Sage, commonly with silver or gray foliage and
pungent odor. Many varieties of varied sizes, all sun loving and drought
tolerant. Use as a foliage accent color with other green shrubs or groundcovers,
flowers generally inconspicuous. Cut back in winter if needed.
(City of
Victorville Water Conservation Tips and
Recommended Xeriscape Plant List)
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