California Civil Code Section 1368 specifies that an owner [in a
common interest development such as JSHOA] must provide certain documents to a
prospective purchaser. Please refer to that Civil Code section for a
detailed list which is briefly summarized here:
GOVERNING DOCUMENTS
- A copy of the governing documents of the common interest development [CC&Rs,
Bylaws],
including any operating rules, and including a copy of the association's
Articles of Incorporation.
FINANCIAL DOCUMENTS
- A copy of the most recent documents distributed pursuant to
Section
1365. JSHOA includes these
in the Association's Annual Report.
These are the budget, accountant's financial review, collection policy, and
summary of insurance.
DUES/LIENS
- A true statement in writing obtained from an authorized representative of the
association [i.e., the management
company] of current regular and special
assessments and fees, any assessments levied upon the owner's interest 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.
VIOLATIONS
- 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.
While Civil Code Section 1368 does not appear
to require that minutes for the past 12 months be
provided, this is useful information to a prospective purchaser and may be
viewed at (or downloaded from) this website.
