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Does a prospective condo owner ,in escrow, have a legal

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right to any formal written...
Does a prospective condo owner ,in escrow, have a legal right to any formal written complaints made against the present tenets ?
Submitted: 2 years ago.Category: Real Estate Law
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1/27/2016
Real Estate Lawyer: Lucy, Esq., Lawyer replied 2 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
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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.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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