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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Does a prospective condo owner ,in escrow, have a legal

Customer Question

Does a prospective condo owner ,in escrow, have a legal right to any formal written complaints made against the present tenets ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

What the law says is that any owner, or person authorized by the owner, can collect certain public records and the HOA must produce them within 10 days (they're allowed to charge a small copying fee). Cal. Civ. Code, Section 4530. So, someone who is interested in buying a home in a given community can ask the owner to request the records, and the owner should provide it, because he's required to act in good faith in executing the contract. But the list of documents that may be requested doesn't include written complaints against other people in the community, but it does include notices of violations sent to owners. Cal Civ. Code, Section 4525. Requesting those documents would allow you to see when the board found that someone was breaking the rules, but wouldn't include any unfounded complaints or complaints regarding things that don't fall under the board's purview (some of the more common might be trespassing, property damage, being rude, etc.).

That request would include alleged rule violations by both property owners in the community and tenants renting from those owners.

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