Membership or Owner Duties Checklist
Resale Disclosure Statement
Owners of residential properties must provide a completed Real Estate Transfer Disclosure Statement (“Form”) to prospective buyers before reselling residential property. This Form also must be completed by a real estate agent, if any. The Form is extensive and detailed and found in the statute. [CC §1102 et seq.; see e.g., §1102.6]
Smoke Detectors in Owner Units
Each owner must supply and install smoke detectors in accordance with the manufacturer’s instructions in any dwelling intended for human occupancy. Each smoke detector must be operable at the time that any tenant occupies the dwelling unit and must be repaired if the tenant reports a problem. The association is responsible for installing, maintaining and testing smoke detectors in hallways, common stairwells, etc. [H&S Code §§13113.7 & 13113.8]
Carbon Monoxide Detectors in Owner Units
Owners must install an approved carbon monoxide detector in any single-family dwelling unit or for all other existing dwelling units intended for human occupancy. [H&S Code, §§17926-17926.2] Selling owners must disclose in the required Form whether the dwelling unit being sold has a carbon monoxide detector. [CC §1102.6]
Low-Flow Plumbing Fixtures
All single-family dwelling unit owners must replace noncompliant plumbing fixtures no later than January 1, 2014, or January 1, 2017, depending on factors specified in the statute. The date is January 1, 2019, for multi-family residential property and commercial property owners. Failure to provide proof of compliance could prevent the issuance of building permits. It is not clear if multi-family residential includes condominiums and attached planned development housing. See statute for details and disclosure duties. [CC §§1101.1 – 1101.9 and 1102.155] Flow rates of noncompliant fixtures are in CC §1101.3. It may take additional legislation for clarification on how an HOA that does not maintain, repair or replace plumbing fixtures could compel owner compliance. Selling owners must disclose in the required Form whether the dwelling unit being sold has water-conserving plumbing fixtures. [CC §1102.6]
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