Compliance & Reality
California HOA Disclosure Requirements 2026: SB 410, AB 130, SB 326, and Civil Code 4525 Explained
California has the most complex HOA disclosure framework in the country. This guide covers the full regulatory landscape — Civil Code 4525-4530 disclosures, SB 410 EEE reserve reports, AB 130 fine limits, SB 326 balcony inspections, and SB 770 expanded reserve studies.
California regulates homeowners associations more extensively than any other state. The Davis-Stirling Common Interest Development Act (Civil Code 4000-6150) establishes a comprehensive framework covering governance, finances, disclosures, and enforcement.
For boards, property managers, and real estate professionals, keeping track of which requirements apply — and which recent legislation has changed them — is a full-time compliance challenge.
This guide provides the complete picture as of 2026.
The Foundation: Civil Code 4525-4530
Civil Code sections 4525 through 4530 establish the core disclosure requirements for California HOA resales. These are the items that must be provided to a prospective buyer when a unit in a common interest development is sold.
Required Disclosures (15 Items)
| Item | Civil Code Section | Description |
|---|---|---|
| Operating budget | 4525(a)(1) | Current fiscal year operating budget |
| Balance sheet | 4525(a)(1) | Most recent balance sheet distributed within 60 days of request |
| Income/expense statement | 4525(a)(1) | Year-to-date income and expense for current and previous fiscal year |
| Reserve study summary | 4525(a)(2) | Summary of association's reserve status |
| Assessment and fee schedule | 4525(a)(3) | Regular and special assessment amounts, due dates, late charges |
| Assessment enforcement policy | 4525(a)(3) | Association's procedures for collecting delinquent assessments |
| Insurance coverage summary | 4525(a)(4) | Current insurance policies, coverage types, limits, and deductibles |
| Pending litigation | 4525(a)(5) | Any pending or threatened litigation involving the association |
| CC&R violations | 4525(a)(5) | Known violations of the governing documents |
| Governing documents | 4525(a)(6) | Declaration (CC&Rs), bylaws, articles of incorporation, rules |
| Meeting minutes | 4525(a)(7) | Minutes of regular and special board meetings for the prior 12 months |
| Form of title | 4525(a)(3) | How title to the separate interest is held (fee simple, leasehold, etc.) |
| Exclusive use common areas | 4525(a)(3) | Identification of exclusive use common areas assigned to the unit |
| Assessment changes | 4525(a)(3) | Any pending or approved changes to regular or special assessments |
| Age restrictions | 4525(a)(5) | Any age restrictions on occupancy (e.g., 55+ communities) |
What "Board-Confirmed Disclosures" Means in Practice
Several of these items require the board to actively confirm information rather than simply exporting data. For example:
- Pending litigation — The board (or legal counsel) must affirm whether any litigation is pending, threatened, or resolved. The financial system cannot determine this automatically.
- CC&R violations — Known violations must be identified, which requires board knowledge beyond what ledger data shows.
- Assessment enforcement policy — The association's specific collection procedures, including timing, notice requirements, and escalation steps.
Until the board confirms these items, they must be reported as "unknown" with an explanation — never omitted.
SB 410: EEE Reserve Reports
Senate Bill 410 (effective January 1, 2024) amended Civil Code 5300 to require associations to include information about Exterior Elevated Elements (EEE) — balconies, decks, walkways, and stairways — in their annual budget and reserve disclosures.
What SB 410 Requires
- The annual budget report must include a summary of the association's EEE inspection obligations under SB 326 (Civil Code 5551)
- The reserve study must address EEE components and their anticipated repair or replacement costs
- If inspections have been completed, the results (or a summary) must be disclosed
Why This Matters
SB 410 connects the SB 326 inspection regime (see below) to the financial planning process. Associations cannot treat EEE inspections as a standalone compliance checkbox — the costs and findings must flow through to the budget and reserve study.
For boards, this means the reserve study must specifically identify EEE components, assign useful life estimates, and fund their maintenance. An inspection that reveals deficiencies triggers a direct financial planning obligation.
AB 130: HOA Fine Limits
Assembly Bill 130 (effective January 1, 2022) established California's first statutory cap on HOA fines and formalized the hearing process.
Fine Schedule Requirements
| Requirement | Detail |
|---|---|
| Maximum fine per violation | $200 (Civil Code 5850) |
| Continuing violations | $200 per additional occurrence, after notice and opportunity to cure |
| Hearing required | Owner must be given notice and opportunity for hearing before fine is imposed |
| Hearing notice | At least 10 days before the hearing, in writing |
| Board hearing | Owner may attend, present evidence, and respond to the alleged violation |
What Boards Must Do
- Review existing fine schedules — Any fine exceeding $200 per violation must be reduced
- Formalize the hearing process — Written notice, 10-day minimum, opportunity to present evidence
- Document every enforcement action — The fine, the violation, the notice sent, the hearing (if held), and the board's decision must all be recorded
- Apply the IDR/ADR framework — Davis-Stirling requires internal dispute resolution (IDR) and alternative dispute resolution (ADR) before formal enforcement. Boards must offer IDR before imposing fines
California's enforcement framework under Davis-Stirling is structured to prioritize resolution over punishment.
Step 1: Internal Dispute Resolution (IDR) — Civil Code 5900-5920
Before any enforcement action, the association must offer the owner an opportunity to participate in IDR: - Informal meeting between the owner and a board representative - Board designee must have authority to settle the matter - Must be offered in writing, with at least 10 days' notice
Step 2: Alternative Dispute Resolution (ADR) — Civil Code 5925-5965
If IDR does not resolve the matter, either party may request ADR before proceeding to formal enforcement or litigation: - Mediation is the most common form - Costs are shared unless otherwise agreed - ADR must be attempted before filing a civil action (with exceptions for small claims and assessment collection)
Step 3: Formal Enforcement
Only after IDR has been offered (and optionally, ADR attempted) may the board: - Send a formal hearing notice (10 days minimum) - Conduct the hearing - Impose the fine (capped at $200 per violation)
Record-Keeping Requirements
Every step must be documented: - Date and content of each IDR/ADR offer - Whether the owner participated - Hearing notice, hearing minutes, and board decision - Fine amount, payment status, and any appeal
Boards that skip steps expose the association to challenges that can invalidate the fine and create legal liability.
SB 326: Balcony and EEE Inspections
Senate Bill 326 (effective January 1, 2020) requires condominiums with three or more multifamily dwelling units to inspect exterior elevated elements (EEEs) — balconies, decks, stairways, walkways, and railings — on a specific timeline.
Key Requirements
| Requirement | Detail |
|---|---|
| Applies to | Condominiums with 3+ multifamily dwelling units |
| Initial inspection deadline | January 1, 2025 (original); many associations still completing |
| Inspection frequency | Every 9 years after initial inspection |
| Inspector qualifications | Licensed structural engineer or architect |
| Scope | Load-bearing and associated waterproofing components of EEEs |
| Reporting | Written report to the board; summary to owners |
| Repair timeline | Emergency repairs: immediately. Non-emergency: per the inspector's recommended timeline |
Financial Impact
SB 326 inspections frequently reveal deferred maintenance that requires significant capital expenditure. This creates two financial challenges:
- Special assessment risk — If reserve funds are insufficient to cover required repairs, a special assessment may be necessary
- Reserve study updates — Inspection findings must be incorporated into the reserve study, potentially increasing annual contribution requirements
For a deeper analysis of SB 326's impact on reserve planning and special assessments, see California SB 326 Reserve Studies and Special Assessments.
SB 770: Expanded Reserve Studies
Senate Bill 770 (effective January 1, 2024) expanded reserve study requirements to include an evaluation of the association's EEE inspection obligations and findings.
What Changed
- Reserve studies must now account for EEE components identified through SB 326 inspections
- The study must include cost estimates for EEE repair or replacement
- Associations must disclose the status of their EEE inspection compliance in the annual budget report
Practical Impact
SB 770 closes the loop between inspections (SB 326) and financial planning (reserve studies). An association that has completed its SB 326 inspection now has specific data about EEE condition — and the reserve study must reflect that data.
Associations that have not yet completed their SB 326 inspection face a disclosure gap: they cannot accurately project EEE-related costs in the reserve study.
Compliance Checklist for California Boards
- Annual budget report includes EEE inspection summary (SB 410 / Civil Code 5300)
- Reserve study addresses EEE components with cost estimates (SB 770)
- SB 326 inspection completed (or scheduled) with qualified inspector
- Fine schedule does not exceed $200 per violation (AB 130 / Civil Code 5850)
- IDR offered before formal enforcement actions
- Hearing process formalized with 10-day written notice requirement
- Resale disclosures cover all 15 items under Civil Code 4525-4530
- Board-confirmed disclosures (litigation, violations, enforcement policy) documented and current
- Insurance coverage summary current and complete
- Meeting minutes for prior 12 months available for disclosure
How CommunityPay Supports California Compliance
CommunityPay maintains an active California compliance profile (Civil Code 4525-4530) that maps every required disclosure item to its data source:
- Financial disclosures (budget, balance sheet, income/expense, assessment status) auto-populate from the live general ledger
- Board-confirmed disclosures (litigation, enforcement policy, meeting minutes) are stored as persistent defaults that pre-fill on future certificates
- Unknown items are surfaced transparently — never omitted — with explanatory statements until the board provides confirmation
- Assessment enforcement policies and meeting minutes are tracked as first-class disclosure items with statutory citations
The platform also provides the underlying financial infrastructure — double-entry fund accounting, enforcement guards, immutable audit trails — that makes accurate disclosures possible in the first place.
Explore CommunityPay's compliance capabilities | Request a demo
For deeper coverage of specific California requirements: - California AB 130 HOA Fine Limits — The $200 cap, hearing process, and IDR/ADR framework - California SB 326: Balcony Inspections and Reserve Planning — Inspection timeline, special assessment risk, and funding strategies - HOA Reserve Study Requirements: WA, OR, CA Compared — How California's reserve study framework compares to Washington and Oregon
This guide covers California HOA disclosure requirements as of 2026. Specific legislative provisions may be subject to amendment. For legal advice specific to your community, consult a California real estate attorney. For a walkthrough of CommunityPay's California compliance profile, contact us.
How CommunityPay Enforces This
- California compliance profile covers all 15 required disclosure items under Civil Code 4525-4530
- Resale certificates auto-populate financial sections from the live ledger — assessment status, reserve balances, budget data
- Board-confirmed disclosures stored as defaults — meeting minutes, assessment changes, enforcement policies pre-fill on future certificates
- Immutable audit trail for every financial transaction, governance decision, and disclosure generation
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