Category Archives: Real Estate

Protect your home from wildfires; create a defensible space

read more at: https://www.sandiegouniontribune.com/sdut-landscape-wildfire-defensible-space-2014may30-story.html

Buying into HOA? Read this first

When buying property in a common interest development (“HOA”), one automatically becomes a member. Here are 14 items to consider before closing escrow:

  1. Read the CC&Rs. CC&Rs (Covenants, Conditions & Restrictions) are an agreement between all association members, binding each when they take ownership. Read this document before taking ownership, not after. Look for restrictions regarding how your property is used. Are there pet limits? Can you park RVs in driveways? In a multistory building, are there restrictions against hard floors? You need to know first, not later.

2. Review the reserves disclosures. Prudent associations set aside money each month to offset the ongoing deterioration of major capital components (roofs, asphalt, paint, etc). Associations with little money saved in reserves may require imposition of special assessments against the members to fund major refurbishments. Underfunded reserve accounts are a form of hidden debt not reflected on the balance sheet.

read more at: https://www.sandiegouniontribune.com/business/story/2021-09-04/hoa-homefront-buying-into-a-hoa-read-this-first

Selling or Buying a Condo? Does the HOA have these disclosures ready for buyers?

California Civil Code Section 4525 requires specific important disclosures be provided to members upon request, to give to prospective buyers. Well-run HOAs should have these many disclosures readily available.

Here is a checklist for buyers, sellers, and managers:

Governing documents

CC&R’s, bylaws, rules/regulations, Articles of Incorporation (or statement of non-incorporation), and Condominium Plan or Subdivision Map (not mandatory).

Finances

Annual Budget Report (multiple items, see Civil Code 5300).

Annual Policy Statement (multiple items, see Civil Code 5310).

Assessments

Regular, special and any schedule future assessments.

Financial documents and information

The Annual Budget Report contains important information regarding the association’s finances.

For example, is the association following the recommendations of its reserve study preparer, or is there little money in the reserve fund account, exposing the HOA to future major borrowing and consequently exposing members to future major special assessments? The HOA is required to have a written plan to become more adequately funded, and that plan must be disclosed annually to members.

The Annual Budget Report also includes a summary of insurance. Does the HOA have dishonesty insurance or earthquake coverage?

read more at: https://www.sandiegouniontribune.com/business/story/2021-08-28/hoa-homefront-does-your-hoa-have-these-disclosures-ready-for-buyers