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8G Consent 2019 0219
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8G Consent 2019 0219
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
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2/19/2019
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Condominium, the current address and telephone number of the Owner if the Owner is <br />not residing on the Project and a true and complete copy of any lease or rental <br />agreement. <br />(B)Notification Regarding Governing Documents. This Section is <br />intended to implement the requirements established by Section 4525 of the California <br />Civil Code. To the extent that Section 4525 is amended or replaced, the provisions of <br />this Section shall be automatically amended and replaced by the new statutory <br />provisions. As more particularly provided for in California Civil Code Section 4525, the <br />Owner of a separate interest shall provide the following documents to a prospective <br />purchaser of the separate interest, as soon as practicable b efore the transfer of title or <br />the execution of a real property sales contract, as defined in Civil Code Section 2985: (i) <br />A copy of all Governing Documents. If the Association is not incorporated, this shall <br />include a statement in writing from an authorized representative of the Association that <br />the Association is not incorporated; (ii) If there is a restriction in the Governing <br />Documents limiting the occupancy, residency, or use of a separate interest on the basis <br />of age in a manner different from that provided in Civil Code Section 51.3, a statement <br />that the restriction is only enforceable to the extent permitted by Section 51.3 and a <br />statement specifying the applicable provisions of Section 51.3; (iii) A copy of the most <br />recent documents distributed pursuant to Article 7 (commencing with Civil Code Section <br />5300) of Chapter 6; (iv) A true statement in writing obtained from an authorized <br />representative of the Association as to the amount of the Association’s current regular <br />and special Assessments and fees, any Assessments levied upon the Owner’s interest <br />in the common interest development that are unpaid on the date of the statement, and <br />any monetary fines or penalties levied upon the Owner’s interest and unpaid on the <br />date of the statement. The statement obtained from an authorized representative shall <br />also include true information on late charges, interest, and costs of collection which, as <br />of the date of the statement, are or may be made a lien upon the Owner’s interest in a <br />common interest development pursuant to Article 2 (commencing with Civil Code <br />Section 5650) of Chapter 8; (v) A copy or a summary of any notice previously sent to <br />the Owner pursuant to Civil Code Section 5855 that sets forth any alleged violation of <br />the Governing Documents that remains unresolved at the time of the request. The <br />notice shall not be deemed a waiver of the Association’s right to enforce the Governing <br />Documents against the Owner or the prospective purchaser of the separate interest <br />with respect to any violation. This paragraph shall not be construed to require an <br />Association to inspect an Owner’s separate interest; (vi) A copy of the initial list of <br />defects provided to each member pursuant to Civil Code Section 6000, unless the <br />Association and the builder subsequently enter into a settlement agreement or <br />otherwise resolve the matter and the association complies with Section 6100. <br />Disclosure of the initial list of defects pursuant to this paragraph does not waive any <br />privilege attached to the document. The initial list of defects shall also include a <br />statement that a final determination as to whether the list of defects is accurate and <br />complete has not been made; (vii) A copy of the latest information provided for in Civil <br />Code Section 6100; (viii) Any change in the Association’s current regular and special <br />Assessments and fees which have been approved by the Owners, but have not <br />become due and payable as of the date disclosure is provided pursuant to this <br />subdivision; (ix) If there is a provision in the Governing Documents that prohibits the <br />- CC&R'S - <br />84 Oakes Boulevard Condominiums <br />Printed: September 25, 2018 PAGE 9
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