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HOA Transfer Fee Laws for Selling or Transferring Property

When a homeowners association decides to sell or transfer property, HOA transfer fee laws are in place to ensure full disclosure of documents between the real estate company and the homeowners association. The Davis-Stirling Act states that an HOA must disclose certain documents but allows the association to charge reasonable fees for the transferring of the documents

§4730 - Marketing of Units

  1. Any provision of a governing document that arbitrarily or unreasonably restricts an owner's ability to market the owner's interest in a common interest development is void.
  2. No association may adopt, enforce, or otherwise impose any governing document that does either of the following:

§4525 - Documents for Prospective Purchasers

  1. 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.

§4185 - Separate Interest

  1. "Separate interest" has the following meanings:
    1. In a community apartment project, "separate interest" means the exclusive right to occupy an apartment, as specified in Section 4105.

§4125 - Condominium

  1. A "condominium project" means a real property development consisting of condominiums.

§1368.1 - Marketing of Separate Interests

(a) Any rule or regulation of an association that arbitrarily or unreasonably restricts an owner's ability to market his or her interest in a common interest development is void.

(b) No association may adopt, enforce, or otherwise impose any rule or regulation that does either of the following:

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