Sale of unit

Our HOA is a Senior community defined by the cc&r's as at least 55 years old to be a qualifying resident.

We were told by the attorney that we cannot interfere in a sale.

The new owners is not 55 years old. We think that the old owner did not disclose this to the realtor and/or new owner.

I am assuming the next step is to legally enforce the cc&r's and not let the new owner live in the unit.

We are also at our 25% capacity of rentals so they cannot rent it out either.

What is the right answer?

But are you HUD HOPA compliant ?

If you don't know, or don't understand the question, you need an attorney.

I agree with the other three, Shirley. You need an attorney's advice. Are you on the board?

I met the new owner in the driveway over the weekend. She asked if we would be giving her a pamphlet regarding the rules. No pamphlet, I told her the rules are in the CC&R's
and she informed me she had not received the CC&R's. Isn't the realtor supposed to provide the cc&r's to buyers before they actually close the deal. Yes and thanks all of you. I will be contacting an attorney.

No. The realtor does NOT provide copies. Some states require the SELLER to provide the documents. However, it is viewed as the BUYER's responsibility to be informed. The CC&R's and Articles of Incorporation are PUBLIC documents available at the records department at the local county courthouse. By-laws may or may not be there as well. They are HOA documents but sometimes are filed with the CC&R's though not required. The HOA should provide the by-laws once they are a member.

The HOA can have a pamphlet or brochure if they want as part of a welcome package. I created one for potential buyers. It did contain HOA private business in it. It just had the overall all rules, dues, and other small selling details. Otherwise the HOA does NOT have to provide any information to a potential buyer unless it wants to.

Below is a list of documents and statement required by the seller, association or its management company to be presented to the buyer during the escrow process.

Civil Code §4525. Disclosure to Prospective Purchaser.
[Old: Civ. Code §1368(a)]

(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.

(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 Section 11018.6 of the Business and Professions Code.

Richard, these documents are requested by the title company. They do not read the cc&r's but are part of the closing of escrow documents. (per the latest title company/sale title officer).

Thanks, good information.

Yes, I'm in Northern CA. Title companies is correct.