Buying in a California HOA: the documents the seller must give you
In California, the law lists the documents a seller in a condo or HOA must give the buyer before closing (Civil Code section 4525). Most come in the resale package the HOA or its management company prepares. Here's what's on the list, and what to look for in each.
What the seller must give you
- The governing documents: the CC&Rs, bylaws, articles and operating rules.
- The latest annual budget report and the other yearly disclosures the HOA sends owners, including the Assessment and Reserve Funding Disclosure Summary.
- A statement from the HOA of the current regular and special assessments and fees, and anything unpaid on the home: assessments, fines, late charges and collection costs.
- Assessment increases the board has approved that aren't due yet.
- Notices of violations against the home that haven't been resolved.
- Construction defect information, if the HOA has made claims against the builder.
- A statement of any ban on renting in the governing documents, and of any age restriction.
- Board meeting minutes from the last 12 months, but only if you ask for them.
- The latest balcony and deck inspection report, for condos.
The seller must provide these as soon as practicable before closing. Once the seller asks in writing, the HOA has 10 days to provide them, and can charge the seller a fee based on its actual cost.
Ask for the minutes
The minutes are the one item you only get if you ask, and they're often the most revealing: special assessments, lawsuits and big repairs are usually discussed there long before they appear anywhere else. Ask for them in writing as soon as you're in contract. See how to read HOA minutes.
The reserve funding summary
The Assessment and Reserve Funding Disclosure Summary is a standard form, so it's quick to read. Look at:
- Special assessments already scheduled: the date, the amount per home and the purpose.
- Question 3: whether the reserves are projected to be enough to cover major repairs over the next 30 years. If the answer is no, question 4 says what extra assessments would be needed that haven't been approved yet.
- Percent funded: how the reserves compare with what the reserve study says they should be, now and for each of the next five years.
Most California HOAs must have a reserve study done, with an on-site inspection, at least every three years, and review it every year.
The balcony inspection
Condo associations must have a licensed engineer or architect inspect a sample of balconies, decks, stairways and other elevated elements the HOA maintains, at least every nine years. The first inspection was due by January 1, 2025. The report says whether they're in generally safe condition; repairs it recommends can mean a special assessment.
Red flags
- A "no" to question 3 of the reserve funding summary, or a low percent funded.
- Special assessments scheduled or discussed, especially for structural work.
- Unresolved violations on the home you're buying. Find out who fixes them, and who pays the fines, before closing.
- A rental ban or cap that conflicts with your plans. See HOA rental restrictions.
- Construction defect claims or other lawsuits, which can affect your loan. See what lenders check.
- No balcony inspection report for a condo with balconies or decks.
How HOA Fine Print helps
Upload the package. The report lists the red flags with the page each one is on, checks the reserves and the lender rules, and lists what's missing from a California package, like the minutes or the balcony inspection, with an email to the HOA asking for them.
This guide is general information about California Civil Code sections 4525, 4530, 5550, 5551 and 5570 as of 2026, not legal advice. Ask a California real estate attorney about your purchase.