Cal. Civ. Code §4525
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Documents to be Provided to Prospective Purchasers — Davis-Stirling Act
Establishes the core transfer disclosure documents that the owner of a separate interest must provide to a prospective purchaser before transfer of title. Section was substantially restructured by SB 410 (Stats. 2025, Ch. 516; effective January 1, 2026). Current enumeration is (a)(1)–(a)(11) plus exclusion in (b). Delivery deadline (10 days) is in §4530(a); fee provisions are in §4530(b).
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Change History
1 verified change on record
SB 410 (Grayson, 2025) amended Cal. Civ. Code §4525 to add a new required item to the resale disclosure package: a copy of the most recent §5551 exterior elevated element (balcony/deck) inspection report. The CA resale-certificate compliance profile (ca_civ_4525) gained a new disclosure item for this report. Effective January 1, 2026 — a current-year statutory requirement.
The change in full →
Statutory Text
Verified Oct 6, 2026 · CA_PUBLIC_LAW
Civil Code section 4525 (a) 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. (2) If there is a restriction in the governing documents limiting the occupancy, residency, or use of a separate interest on the basis of age in a manner different from that provided in Section 51.3 , a statement that the restriction is only enforceable to the extent permitted by Section 51.3 and a statement specifying the applicable provisions of Section 51.3 . (3) A copy of the most recent documents distributed pursuant to Article 7 (commencing with Section 5300 ) of Chapter 6. (4) A true statement in writing obtained from an authorized representative of the association as to the amount of the association’s current regular and special assessments and fees, any assessments levied upon the owner’s interest in the common interest development that are unpaid on the date of the statement, and any monetary fines or penalties levied upon the owner’s interest and unpaid on the date of the statement. The statement obtained from an authorized representative shall also include true information on late charges, interest, and costs of collection which, as of the date of the statement, are or may be made a lien upon the owner’s interest in a common interest development pursuant to Article 2 (commencing with Section 5650 ) of Chapter 8. (5) A copy or a summary of any notice previously sent to the owner pursuant to Section 5855 that sets forth any alleged violation of the governing documents that remains unresolved at the time of the request. The notice shall not be deemed a waiver of the association’s right to enforce the governing documents against the owner or the prospective purchaser of the separate interest with respect to any violation. This paragraph shall not be construed to require an association to inspect an owner’s separate interest. (6) A copy of the initial list of defects provided to each member pursuant to Section 6000, unless the association and the builder subsequently enter into a settlement agreement or otherwise resolve the matter and the association complies with Section 6100 . Disclosure of the initial list of defects pursuant to this paragraph does not waive any privilege attached to the document. The initial list of defects shall also include a statement that a final determination as to whether the list of defects is accurate and complete has not been made. (7) A copy of the latest information provided for in Section 6100 . (8) Any change in the association’s current regular and special assessments and fees which have been approved by the board, but have …
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Assessment
| Ref | Requirement |
|---|---|
| (a)(4) | A written assessment statement from an authorized HOA representative must list current regular and special assessments and fees, unpaid assessments on this unit, unpaid fines/penalties on this unit, plus late charges, interest, and collection costs that are or may become a lien under the Davis-Stirling assessment lien article. |
| (a)(8) | Any board-approved change to regular or special assessments and fees that is not yet due and payable when the package is delivered must be disclosed. Buyers and their lenders need to know what assessment changes are coming. |
Compliance
| Ref | Requirement |
|---|---|
| (a)(11) | For condominium projects subject to the SB 326 exterior elevated elements inspection (decks, balconies, walkways), the most recent §5551 inspection report must be included in the §4525 package. |
| (a)(6) | If the association distributed a §6000 initial list of common-area construction defects to members, the seller must include a copy — unless the matter was settled under §6100. Disclosure does not waive any privileges, and the package must note that the list has not been finally adjudicated. |
| (a)(7) | If the association has issued any §6100 information (settlement or builder-resolution update on common-area defects), the latest version must be included in the package. |
Disclosure
| Ref | Requirement |
|---|---|
| (a) | Before selling a unit in a California common interest development, the owner must deliver the §4525 disclosure package to the prospective buyer — as soon as practicable before title transfer or signing of the real property sales contract. |
| (b) | §4525 applies to owner-to-buyer resales but does not apply to subdividers or developers in initial sales — they are governed by the public-report disclosure regime of Bus. & Prof. Code §11018.6 instead. |
Enforcement
| Ref | Requirement |
|---|---|
| (a)(5) | If the owner has received a §5855 notice of alleged governing-documents violation and the violation is not yet resolved, a copy or summary of that notice must be disclosed. Disclosure does not waive the association's right to enforce against the seller or the buyer, and the association is not obligated to inspect the unit for new violations. |
Financial
| Ref | Requirement |
|---|---|
| (a)(3) | The most recent Article 7 documents — annual budget report (§5300), annual policy statement (§5310), and other annual disclosures — must be included in the package. |
Governance
| Ref | Requirement |
|---|---|
| (a)(1) | The seller must provide all governing documents — Articles of Incorporation, CC&Rs, Bylaws, and Operating Rules. If the association isn't incorporated, a written statement to that effect must be provided instead. |
| (a)(10) | If the prospective purchaser asks for them, the seller must include approved board meeting minutes from the prior 12 months — excluding executive session minutes. This is the only §4525 item triggered by buyer request rather than mandatory. |
| (a)(2) | If the CC&Rs limit occupancy by age (e.g., 55+ community), the seller must include a written statement explaining that the restriction is enforceable only to the extent permitted by Section 51.3 and identifying which Section 51.3 provisions apply. |
| (a)(9) | If the CC&Rs prohibit renting or leasing units, the seller must include a written statement describing the rental prohibition. Material for investor buyers and any buyer planning future tenancy. |
What this means for your resale certificate
Cal. Civ. Code §4525 drives 15 required disclosure items in the California Civil Code §4525 resale certificate.
- (a)(1) Governing documents (Articles, CC&Rs, Bylaws, Operating Rules)
- (a)(2) Age restrictions, if any (subject to Section 51.3)
- (a)(4) Current assessments, fees, unpaid amounts, late charges, interest, collection costs
- (a)(5) Notice(s) of violation under Section 5855 (alleged violations unresolved at request date)
- (a)(8) Approved changes to assessments not yet due and payable
- + 10 more disclosure items
Session Laws
References
- Cal. Civ. Code §4530 References
Legal Topics
Articles Citing This Statute
- California Resale Disclosures: What the Davis-Stirling Act Requires (a)(1), (a)(4), (a)(5), (a)(6), (a)(9), (a)(10), (a)(11) Primary
- Florida HOA & Condo Resale Certificates (Estoppel): What Must Be Disclosed Passing
Legal references last verified October 2, 2026.
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