AB 2430, as introduced, Maienschein. Transfer disclosures.
The Davis-Stirling Common Interest Development Act requires an association, upon written request, to provide the owner of a separate interest, or a recipient authorized by the owner, with a copy of specific documents relating to transfer disclosures that the owner is required to make to a prospective purchaser of the owner’s separate interest. That act authorizes the association to collect a reasonable cost for delivery of those documents but prohibits any additional fees for electronic delivery.
This bill would make technical, nonsubstantive changes to this provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4530 of the Civil Code is amended to
2read:
(a) (1) Upon written request, the association shall,
4within 10 days of the mailing or delivery of the request, provide
5the owner of a separate interest, or any other recipient authorized
P2 1by the owner, with a copy ofbegin insert all ofend insert the requested documents
2specified in Section 4525.
3(2) The documents required to be made available pursuant to
4this section may be maintained in electronic form, and may be
5posted on the association’s Internet Web site. Requesting parties
6shall have the option of receiving the documents by electronic
7transmission if the association maintains the documents in
8electronic form.
9(3) Delivery of the documents required by this section shall not
10be withheld for any reason nor subject to any condition except the
11payment of the fee authorized pursuant to subdivision (b).
12(b) (1) The association may collect a reasonable fee based upon
13the association’s actual cost for the procurement, preparation,
14reproduction, and delivery of the documents requested pursuant
15to this section.begin delete Additional fees shall not be charged by theend deletebegin insert Theend insert
16 associationbegin insert shall not charge additional feesend insert for the electronic
17delivery of the documents requested.
18(2) Upon receipt of a written request, the association shall
19provide, on the form described in Section 4528, a written or
20electronic estimate of the fees that will be assessed for providing
21the requested documents.
22(3) (A) A cancellation fee for documents specified in
23subdivision (a) shall not be collected if either of the following
24applies:
25(i) The request was canceled in writing by the same party that
26placed the order and work had not yet been performed on the order.
27(ii) The request was canceled in writing and any work that had
28been performed on the order was compensated.
29(B) The association shall refund all fees collected pursuant to
30paragraph (1) if the request was
canceled in writing and work had
31not yet been performed on the order.
32(C) If the request was canceled in writing, the association shall
33refund the share of fees collected pursuant to paragraph (1) that
34represents the portion of the work not performed on the order.
35(4) Fees for any documents required by this section shall be
36distinguished from other fees, fines, or assessments billed as part
37of the transfer or sales transaction.
38(c) An association may contract with any person or entity to
39facilitate compliance with this section on behalf of the association.
P3 1(d) The association shall also provide a recipient authorized by
2the owner of a separate interest with a copy of the completed form
3specified in Section 4528 at the time the required documents are
4
delivered.
O
99