HOA Documents in California: What the Seller Must Provide and What to Check

By Matthew Martinez, Founder, CEO & Managing Broker, Diamond Real Estate Group. California DRE #01869679.

When you buy a condo, townhome or home in a planned development in California, the seller must give you a defined set of HOA documents under Civil Code 4525, "as soon as practicable" before title transfers. The package includes the governing documents, the association’s annual budget report and reserve disclosures, a statement of current and approved assessments, unresolved violation notices, any construction defect notices, rental restrictions and, on request, a year of board minutes. Read it during your contingency period, because it tells you what the association costs now, what it may cost later, and what you can and cannot do with the property.

Who has to provide what, and when

The seller (the owner of the "separate interest") is responsible for providing the documents under Civil Code 4525. In practice, the seller orders them from the association or its management company. Under Civil Code 4530, the association must provide copies within 10 days of the seller’s written request. It may charge the seller a reasonable fee based on its actual cost, itemized per document, and must give a fee estimate first on the form described in Civil Code 4528. If the association keeps records electronically, the requester can choose electronic delivery at no extra charge.

Your purchase agreement sets how long you have to review the documents and whether you can cancel based on them. Know that date and count it with our contract deadline calculator.

The Civil Code 4525 checklist

The table below follows the list in Civil Code 4525(a), as amended effective January 1, 2026.

Always request the minutes; they are only required if the buyer asks.

The budget report and reserve disclosures

The association must distribute an annual budget report 30 to 90 days before the end of its fiscal year (Civil Code 5300). It is often the most useful part of the package. It must include:

• A pro forma operating budget.
• A summary of reserves and of the board’s reserve funding plan.
• Whether the board is deferring repair or replacement of any major component with 30 years or less of remaining life, and why.
• Whether special assessments are required or expected, with the estimated amount, start date and duration.
• How reserves will be funded and how reserve figures are calculated.
• Outstanding loans with an original term over one year.
• An insurance summary for property, general liability, earthquake, flood and fidelity coverage: insurer, type, limits and deductibles.
• For condominiums, separate statements on whether the project is FHA-approved and VA-approved.

The budget must be accompanied by the Assessment and Reserve Funding Disclosure Summary (Civil Code 5570). That one-page form shows the regular assessment, any approved special assessments with amounts and due dates, whether projected reserves are sufficient for the next 30 years, additional contributions needed if not, the current percent funded, and a five-year reserve projection.

The reserve study

If the replacement value of major components is at least half of the association’s gross budget (excluding reserves), the board must have a reserve study with a visual inspection of accessible areas at least once every three years, and review it every year (Civil Code 5550). The study lists major components with less than 30 years of remaining life, their remaining life, repair or replacement cost estimates, the annual contribution needed and a funding plan. Ask for the full study, not just the summary.

When you read reserve materials, compare the inspection date with the three-year cycle, look for big items (roofs, paving, siding, elevators, plumbing) due within a few years, and match the "special assessment expected" answer in the budget report with the 5570 form. For a deeper method, see our condo and townhome reserve analysis.

Assessments: how much can they rise?

Under Civil Code 5605, the board cannot, without member approval, raise the regular assessment more than 20% over the prior fiscal year, or levy special assessments that total more than 5% of the year’s budgeted gross expenses. Member approval requires a vote with a quorum of more than 50% of members. These limits do not mean dues can’t go up; they mean larger increases need a vote. Check the minutes for upcoming votes and the 4525(a)(8) statement for approved increases.

Also confirm the seller’s account is current. Any unpaid assessments, fines, late charges or collection costs listed in the 4525(a)(4) statement should be paid through escrow.

Rules on renting and use

Civil Code 4741 says an owner is not bound by a governing document provision that prohibits or unreasonably restricts renting. An association cannot limit rentals to fewer than 25% of separate interests, but it can prohibit rentals of 30 days or less. If you plan to rent the unit or use it as a short-term rental, read the leasing rules and local short-term rental rules together.

Also read architectural and maintenance rules: who handles windows, decks, plumbing inside walls and roofs; whether you need approval for flooring, solar or an EV charger; and parking and storage limits.

Insurance

The budget report’s insurance summary shows the master policy’s coverage and deductibles. A high deductible can become a special assessment or be charged back to owners after a loss, depending on the CC&Rs. Ask your own insurance agent what an HO-6 or similar policy should cover given the master policy, and whether loss assessment coverage makes sense. Line it up before closing; see homeowners insurance during escrow.

If you are using an FHA loan, check the project in HUD’s FHA-approved condominium search, and ask your lender early whether the project meets its condo review requirements.

Litigation and defects

Civil Code 4525 requires disclosure of the initial construction defect list (Civil Code 6000) and the latest information under Civil Code 6100. Other lawsuits, such as slip-and-fall claims or disputes with owners or vendors, may appear only in the minutes, the budget’s loan and insurance sections, or the lender’s condo questionnaire. Ask the management company directly whether the association is a party to any pending litigation, and read the answer before your contingencies expire. Litigation can affect financing as well as costs.

Balcony and deck inspections

For condominium buildings with three or more attached units, Civil Code 5551 requires a licensed engineer or architect to inspect a random sample of exterior elevated elements (decks, balconies, stairways and walkways more than six feet above ground that rely on wood-based supports) at least once every nine years, with the first inspection due by January 1, 2025. The latest report is now on the 4525 list. Look for recommended repairs and whether they are funded. (Apartment buildings have a separate rule; see SB 721 balcony inspections.)

What to check before removing contingencies

1. You have every item on the 4525 list, including minutes you requested.
2. Your monthly dues, plus any approved or expected special assessment, fit your budget and your lender’s numbers.
3. The reserve study is current, and the 5570 form doesn’t show a large unfunded gap you can’t absorb.
4. The budget report’s deferred-maintenance answer is acceptable.
5. The master insurance deductible and your own coverage are understood.
6. Rental, pet, parking and alteration rules fit how you plan to use the home.
7. There are no unresolved violations on the unit, or the seller will cure them.
8. You know whether the association is in litigation and how your lender views it.
9. FHA or VA approval status matches your loan type.

If something is missing, ask for it in writing and, if needed, ask the seller to extend your contingency. Don’t let the deadline pass while you wait for documents. If the seller is late on other items, you may use a notice to perform, and if the documents reveal a deal-breaker, review your cancellation rights.

Questions people ask

Who pays for HOA documents in California?

Under Civil Code 4530, the association may charge the seller a reasonable, itemized fee based on actual cost, and the seller is responsible for paying it. Your purchase agreement may allocate other HOA transfer charges.

How long does the HOA have to deliver documents?

Ten days from the seller’s written request under Civil Code 4530.

Are board minutes included automatically?

No. Civil Code 4525 requires board-approved minutes from the previous 12 months only if the buyer requests them, and executive session minutes are excluded. Request them.

How often must an HOA update its reserve study?

At least every three years with a visual inspection, and the board must review it annually, when the Civil Code 5550 threshold applies.

Can the HOA raise dues after I buy?

Yes. Without a member vote, the board is limited to a 20% increase in the regular assessment and special assessments totaling up to 5% of budgeted gross expenses per year (Civil Code 5605). Larger increases need member approval.

Can my HOA stop me from renting my condo?

Generally it cannot prohibit renting or cap rentals below 25% of units, but it can ban rentals of 30 days or less (Civil Code 4741). Check older restrictions and local rules too.

What if the HOA documents show a special assessment?

Find out whether it is approved and when it is due. Negotiate who pays installments due before and after closing, and confirm the amount in the 4525 assessment statement.

Does an as-is sale change the HOA disclosure requirement?

No. Civil Code 4525 applies to the owner’s sale regardless of an as-is clause. Its only listed exception is for owners subject to Business and Professions Code 11018.6, which covers sales by subdividers.

Sources & notes

1. Civil Code 4525, documents provided to a prospective purchaser (as amended by Stats. 2025, Ch. 516, effective January 1, 2026).
2. Civil Code 4530, association delivery and fees.
3. Civil Code 5300, annual budget report.
4. Civil Code 5550, reserve study.
5. Civil Code 5570, Assessment and Reserve Funding Disclosure Summary.
6. Civil Code 5605, limits on assessment increases.
7. Civil Code 4741, rental restrictions.
8. Civil Code 5551, exterior elevated element inspections.
9. HUD FHA-approved condominium search.

Note: Statute summaries reflect the code as published for 2025–2026. Statutes are amended often, so confirm the current text before you rely on a specific section. The C.A.R. purchase agreement is a members-only form, so ask your agent for your actual review deadlines.

General information, not legal, tax or lending advice. Updated November 2026. Primary sources are linked in this guide.

Related: Buying Process · Santa Rosa condos · Marin County condos · Placer County HOA and tax records · Buy with Diamond