Old Civil Code Section 1368.4(a)

Section 4525 - Documents to Furnish to Purchaser

(a) The owner of a separate interest shall provide the following documents to a prospective purchaser of the separate interest, as soon as practicable before the transfer of title or the execution of a real property sales contract, as defined in Section 2985:

(1) A copy of all governing documents. If the association is not incorporated, this shall include 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 Article 7 (commencing with Section 5300) of Chapter 6.

(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 Article 2 (commencing with Section 5650) of Chapter 8.

(5) A copy or a summary of any notice previously sent to the owner pursuant to Section 5855 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 initial list of defects provided to each member pursuant to Section 6000, unless the association and the builder subsequently enter into a settlement agreement or otherwise resolve the matter and the association complies with Section 6100. Disclosure of the initial list of defects pursuant to this paragraph does not waive any privilege attached to the document. The initial 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 6100.

(8) Any change in the association’s current regular and special assessments and fees which have been approved by the board, but have not become due and payable as of the date disclosure is provided pursuant to this subdivision.

(9) If there is a provision in the governing documents that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant, a statement describing the prohibition and its applicability.

(10) If requested by the prospective purchaser, a copy of the minutes of board meetings, excluding meetings held in executive session, conducted over the previous 12 months, that were approved by the board.

(b) This section does not apply to an owner that is subject to the requirements of Section 11018.6 of the Business and Professions Code.

Old Civil Code Section 1368.4(a)

(a) In an action maintained by an association pursuant to subdivision (b), (c), or (d) of Section 1368.3, the amount of damages recovered by the association shall be reduced by the amount of damages allocated to the association or its managing agents in direct proportion to their percentage of fault based upon principles of comparative fault. The comparative fault of the association or its managing agents may be raised by way of defense, but shall not be the basis for a cross-action or separate action against the association or its managing agents for contribution or implied indemnity, where the only damage was sustained by the association or its members. It is the intent of the Legislature in enacting this subdivision to require that comparative fault be pleaded as an affirmative defense, rather than a separate cause of action, where the only damage was sustained by the association or its members.

Changes

Changes Made By Section 4525

(a) In The owner of a separate interest shall provide the following documents to a prospective purchaser of the separate interest, as soon as practicable before the transfer of title or the execution of a real property sales contract, as defined in Section 2985: (1) A copy of all governing documents. If the association is not incorporated, this shall include a statement in writing from an action maintained by an authorized representative of the association pursuant to subdivision (b) that the association is not incorporated. (2) If there is a restriction in the governing documents limiting the occupancy, (c) residency, or (d) use of a separate interest on the basis of age in a manner different from that provided in Section 1368 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 Article 7 (commencing with Section 5300) of Chapter 6. (4) A true statement in writing obtained from an authorized representative of the association as to the amount of damages recovered by the association 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 reduced by made a lien upon the amount owner’s interest in a common interest development pursuant to Article 2 (commencing with Section 5650) of damages allocated Chapter 8. (5) A copy or a summary of any notice previously sent to the association or its managing agents in direct proportion owner pursuant to their percentage Section 5855 that sets forth any alleged violation of fault based upon principles the governing documents that remains unresolved at the time of comparative fault the request. The comparative fault of the association or its managing agents may be raised by way of defense, but notice shall not be deemed a waiver of the basis for a cross - action or separate action 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 initial list of defects provided to each member pursuant to Section 6000, unless the association and the builder subsequently enter into a settlement agreement or its managing agents otherwise resolve the matter and the association complies with Section 6100. Disclosure of the initial list of defects pursuant to this paragraph does not waive any privilege attached to the document. The initial 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 contribution or implied indemnity, where in Section 6100. (8) Any change in the only damage was sustained association’s current regular and special assessments and fees which have been approved by the association or its members. It is the intent board, but have not become due and payable as of the Legislature in enacting date disclosure is provided pursuant to this subdivision . (9) If there is a provision in the governing documents that prohibits the rental or leasing of any of the separate interests in the common interest development to require that comparative fault be pleaded as an affirmative defense a renter, rather than lessee, or tenant, a separate cause of action, where statement describing the only damage was sustained prohibition and its applicability. (10) If requested by the association or its members prospective purchaser, a copy of the minutes of board meetings, excluding meetings held in executive session, conducted over the previous 12 months, that were approved by the board. (b) This section does not apply to an owner that is subject to the requirements of Section 11018. 6 of the Business and Professions Code.