HOA Package: Why order it? How is it different from the HOA Cert?

HOA_Pkg_Cert: Question: As an owner, I already have access to the HOA documents for my complex. Why do I need to pay $345 to order an official document from the HOA? Answer: The Residential Purchase Agreement states that the seller will pay for and provide the HOA package to the buyer. The seller should not create the package themselves because then the buyer might claim that the sellers only provided the information that was favorable and omitted negative parts of the HOA package. To avoid any potential for buyer to claim the seller hid anything, the seller should provide the soft copy of the HOA documents packaged as a set directly from the HOA all intact. The full intact HOA package soft copy may be in the form of a .zip file. The seller is protected from liability with the legal paperwork that is included in the package. Also, the seller gets a receipt that shows that they recently ordered a current HOA package. Question: What's the difference between and HOA package ordered by the seller and an HOA cert ordered by the buyer? Answer: The HOA package is provided by seller to buyer so the buyer can decide whether they want to buy the unit in that complex. The HOA cert is required by the buyer's lender so the lender can decide how much risk they would take on if they lend for a property in this complex.

New California Real Estate Laws Coming 2012: Water-Converving, Mining, No Fee Bundling for HOA Disclosures

Three New California Real Estate Laws Coming in 2012 are:
1. Senate Bill 837: Sellers Disclose Water-Conserving Plumbing Fixtures
2. Senate Bill 110: NHD Companies Disclose Mining Operations
3. Assembly Bill 771: No Fee Bundling for HOA Disclosures

In more detail:
1. Senate Bill 837: Sellers Disclose Water-Conserving Plumbing Fixtures
Effective January 1, 2012, the Transfer Disclosure Statement (TDS) will include a check-box in Section A for the seller to disclose whether the property has water-conserving plumbing fixtures (e.g. low-flow toilets, shower heads, and faucets under section 1101.3 of the California Civil Code.

2. Senate Bill 110: NHD Companies Disclose Mining Operations
Starting January 1, 2012, any natural hazard disclosure (NHD) must disclose whether the property is located within one mile of a mining operation, according to the map coordinate data from the Office of Mine Reclamation.

3. Assembly Bill 771: No Fee Bundling for HOA Disclosures
The HOA cannot bundle the fee for providing required HOA disclosures with any other fees, fines, or assessments. This law will prevent an HOA's third-party document preparation company from bundling together both mandatory and non-mandatory HOA documents and charging a higher fee for providing ALL the documents.

Also, the HOA is prohibited from charging any additional fees for electronic delivery. These must be available to a requesting party if the HOA maintains the documents electronically.

Additionally, at buyer's request, the HOA must provide 12 months of approved minutes of the association board of directors meeting.

Delivery of the required HOA documents must be accompanied by a cover sheet itemizing the documents.