Common interest developments: association records.

The Davis-Stirling Common Interest Development Act defines and regulates common interest developments, which include community apartment projects, condominium projects, planned developments, and stock cooperatives. Existing law specifies certain documents that an association must provide to a prospective purchaser before transfer of title to the separate interest or execution of a real property sales contract, as defined. Existing law also specifies certain documents that an association must provide to a prospective purchaser upon request. Existing law prohibits an association from charging certain assessments, penalties, or fees in connection with a transfer of title or any other interest, unless an exception applies. Existing law requires the association to also provide a specified form that contains an estimate of the costs associated with providing the prospective purchaser with the requested documents. This bill would further prohibit a cancellation fee for the documents described above if the cancellation was requested in writing by the same person who placed the order and if work on the order had not yet been performed or if the work had been compensated. The bill would require the association to refund all fees for the documents described above if the request was canceled in writing and work on the order had not yet been performed. Additionally, if the request was canceled in writing, the bill would require the association to refund the share of fees collected for the above-described documents that represents the portion of the work not performed on the order. The bill would also require that the form be written in at least 10-point type. This bill would incorporate additional changes in Section 1368 of the Civil Code proposed by AB 2697, that would become operative only if AB 2697 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.