When a home in a condominium or planned community (HOA) is sold, the buyer must now receive more information, such as recent board minutes, pending special assessments and cited violations, while sellers and associations can be sued only for knowingly or recklessly failing to disclose or giving materially false or misleading information.
Official title: homeowners' associations; property covenants; disclosures
- September 12, 2026
What changes
BeforeDisclosures were due within 10 days after the seller or association got written notice of a pending sale, and could be mailed or delivered.
NowThe 10 days run from the seller's acceptance of the buyer's offer. In communities with 50 or more units or properties, the seller must give the association written notice of the acceptance with the buyer's or agent's name, email and mailing address, and the association has 10 days from receiving it. Documents are sent electronically or delivered.
BeforeRequired documents included bylaws, rules, declaration, a statement of assessments and reserves, the budget, the annual financial report, any reserve study and pending lawsuits.
NowBuyers must also receive the final plat, minutes of the last 3 open board meetings, assessment payment schedules, special assessments approved or submitted for vote in the past 4 months, any title transfer fee, a recent income and expense statement, any unresolved cited violations, and whether the developer still controls the community and about what share of lots or units it owns. Condo buyers also get insurance certificates, known defects they may have to pay to repair within 6 months, and whether a company owns and leases 35% or more of units.
BeforeThe statement listed total reserves, known alterations that violate the declaration, and pending lawsuits between the owner and association. If an association missed the deadline to report unpaid assessments to certain requesters, its lien for those assessments was wiped out.
NowThose items are removed, and so is the rule that wiped out the association's lien for a missed deadline. The statement instead lists unpaid assessments, liens, judgment liens and any lis pendens (a recorded notice of a pending lawsuit) the association has against the property.
BeforeA buyer or seller harmed by any failure to disclose could sue the owner or association.
NowA lawsuit requires a knowing or reckless failure to disclose, or knowingly or recklessly giving materially false or misleading statements. Disclosed information is based on good-faith reliance on association records, without independent investigation. Attorney fees are recovered as awarded by the court.
BeforeBuyers signed a statement that the governing documents are a contract and that the association may foreclose, and returned it within 14 days.
NowBuyers sign a new statement at close of escrow saying they are bound by the recorded covenants and must pay assessments, and that unpaid assessments can lead to collection and foreclosure without homestead act equity protection.
Who it affects
- People buying or selling homes in condominiums or planned communities with associations
- Homeowners' and condominium associations and their managing agents
- Real estate agents and escrow agents handling these sales
What you need to do
Sellers in communities with 50 or more units or properties must send the association written notice of accepting an offer, with the buyer's or agent's name, email and mailing address. Buyers sign the new acknowledgment at close of escrow.
What the law doesn't answer
- Whether the new rules apply to sales already under contract before the law takes effect
- What happens if the seller does not send the required notice to the association
- Whether any penalty applies if the association misses the 10-day deadline, now that lien extinguishment is removed
- How a buyer can enforce access to a full report shown only in summary form
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.