Transfer Fees

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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

§4605 - Violation of Transfer Provisions

  1. A member of an association may bring a civil action for declaratory or equitable relief for a violation of Section 4600 by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues.

§4580 - Application of Transfer Fee Restrictions

The prohibition in Section 4575 does not apply to a community service organization or similar entity, or to a nonprofit entity that provides services to a common interest development under a declaration of trust, of either of the following types:

§4575 - Restriction of Transfer Fees

Except as provided in Section 4580, neither an association nor a community service organization or similar entity may impose or collect any assessment, penalty, or fee in connection with a transfer of title or any other interest except for the following:

§1358 - Interests Included in Conveyance, Judicial Sale or Transfer of Separate Interests; Transfers of Exclusive Use Areas; Restrictions Upon Severability of Component Interests

  1. In a community apartment project, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in the community apartment project. Any conveyance, judicial sale, or other voluntary or involuntary transfer of the owner's entire estate also includes the owner's membership interest in the association.
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