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Market & Law · September 24, 2026 · 5 min read

California Just Vetoed the HOA Disclosure Bill. If You’re Selling a Condo, the Packet Is Still on You

The slowest part of selling a condo or townhome in California is usually not finding a buyer. It is the association packet — the stack of HOA documents state law requires you to put in that buyer’s hands. Sacramento made three decisions about that stack this month, and the deadline for the last one is September 30.

What changed this month, and what did not

  • ·SB 1238 (Wahab) was vetoed on September 20, 2026. It would have expanded the duty of care owed by HOA managing agents and required owners to give prospective purchasers additional information, including a separate disclosure about exterior elements and units requiring imminent repairs (Governor’s legislative update, September 20, 2026; bill text, summary via CalMatters Digital Democracy)
  • ·AB 2439 (Rubio) was vetoed the same day. It would have required certified-mail notice within 60 days when the party authorized to receive assessment payments changes, and added a $1,000 civil penalty when a board records a lien without following collection procedure (bill text; summary via FindHOALaw)
  • ·AB 2050 (Caloza) is still on the Governor’s desk, presented September 3, 2026. Starting January 1, 2032 it would require reserve studies to identify the contribution needed to keep an association’s reserve balance above zero over the following 30 years, and require associations projected to fall short to transfer 15% of the gross annual budget to reserves or levy a special assessment (CalMatters Digital Democracy)
  • ·The last day for the Governor to sign or veto those bills is September 30, 2026, under Article IV, Section 10(b)(2) of the California Constitution (2026 Senate legislative deadlines)

What the law already requires you to deliver

With SB 1238 vetoed, there is no new separate imminent-repair disclosure for sellers. The list that governs your sale is the one already in Civil Code section 4525, and it is long. We are a brokerage, not your attorney — this is general information, not legal advice.

  • ·All of the association’s governing documents
  • ·A written statement from an authorized representative of the association of the current regular and special assessments and fees
  • ·A copy of the most recent documents distributed under Article 7 of the Davis-Stirling Act
  • ·A copy of the most recent inspection report issued under Civil Code section 5551 — the exterior elevated elements inspection
  • ·Any assessment change that has been approved but is not yet due
  • ·A copy or summary of any violation notice previously sent to you under section 5855
  • ·Construction defect information under sections 6000 and 6100
  • ·A statement if the governing documents restrict the rental or leasing of the property
  • ·The minutes of open board meetings for the prior 12 months, if the buyer requests them

The timing problem nobody warns you about

Section 4530 gives the association 10 days from your written request to deliver those documents, requires a written fee estimate first, and states that it is the seller’s responsibility to compensate whoever provides them (Civil Code section 4530). That fee is a real line in your closing costs, and it is yours — the rest of the list is in the full breakdown.

Ten days is the floor, not the schedule. Request the packet when you decide to list, not when you have an offer, and read it before your buyer does. The two items that most often turn into a second negotiation are a reserve balance that looks thin against the reserve study and a pending special assessment sitting in the minutes. Better that you find them than the buyer’s lender.

Statewide law, with the Bay Area as the concrete case

Davis-Stirling is California-wide: the same obligations apply whether your association is in Sacramento, Fresno, Riverside, San Diego or San Mateo County. What differs is what a delay costs you.

The California Association of Realtors’ August report, released September 16, 2026, put the statewide median time on market at 28 days, the Unsold Inventory Index at 3.7 months and the median price at $901,420. Take the Bay Area as the concrete example: 22 days, 2.6 months of inventory and a regional median of $1,272,000 in that same report (C.A.R.). Where the typical home goes pending in 22 days, a 10-day turnaround you started late is a large share of your timeline (how long a sale takes).

The rate backdrop, for context

Freddie Mac’s Primary Mortgage Market Survey put the 30-year fixed at 7.03% on September 24, 2026, up from 6.95% a week earlier and 6.30% a year ago, with the 15-year at 6.42% (Freddie Mac PMMS). We do not forecast rates. What is observable is that buyers at these levels shop by monthly payment, so a stalled file is exposed to whatever rates do next (the mechanics).

The one cost that does not depend on your HOA

You do not control your association’s turnaround, its reserve study, or what the Governor does by September 30. You do control what selling costs you.

A traditional listing-side commission of about 3% runs roughly $30,000 on a $1,000,000 home. Guided Home Realty lists your home on the same MLS every agent uses, with a licensed California broker, for a flat $999 at MLS launch (non-refundable) plus $5,000 from escrow when it closes — $5,999 total instead of a percentage. Against a traditional ~$30,000 commission, that is $24K+ you keep.

The rest of the paperwork is in the disclosures you’ll actually need, and you can see real verified results.

Frequently asked questions

What HOA documents do I have to give a buyer in California?

Civil Code section 4525 lists them: all governing documents, a written statement of current regular and special assessments and fees, the most recent documents distributed under Article 7 of the Davis-Stirling Act, the most recent exterior elevated elements inspection report under section 5551, any approved but not yet due assessment change, any violation notice previously sent to you under section 5855, construction defect information under sections 6000 and 6100, a statement if the governing documents restrict leasing, and the prior 12 months of open board meeting minutes on request. Section 4530 gives the association 10 days from your written request to produce them. This is general information, not legal advice.

Did California change HOA disclosure rules for sellers this year?

Not so far. SB 1238, which would have required owners to give buyers additional information including a separate disclosure about exterior elements and units needing imminent repairs, was vetoed on September 20, 2026, as was AB 2439 on association assessments and liens (Governor’s legislative update, September 20, 2026). AB 2050, which would tie reserve contributions to a 30-year projection starting January 1, 2032, was presented to the Governor on September 3, 2026 and had not been acted on as of this writing. The deadline to sign or veto is September 30, 2026.

Who pays for the HOA disclosure packet?

The seller. Civil Code section 4530 states that it is the responsibility of the seller to compensate the association, person or entity that provides the documents. The association may charge a reasonable fee based on its actual cost for procurement, preparation, reproduction and delivery, must give you a written or electronic estimate of the fees before it starts, and may not charge an additional fee for electronic delivery in lieu of a hard copy.

What are mortgage rates right now?

Freddie Mac’s Primary Mortgage Market Survey put the 30-year fixed-rate mortgage at 7.03% on September 24, 2026, up from 6.95% the prior week and 6.30% a year earlier, and the 15-year at 6.42%. That survey measures conventional, conforming loans for borrowers with excellent credit making 20% down payments, so it is a benchmark, not a quote. The number that applies to your buyer is the one their lender puts in writing.

Get a free, no-obligation home value report and see what your home would sell for in today’s market.

Guided Home Realty · Casy Rasti, Broker of Record, DRE #01342214 · Brokerage DRE #02141655 · $999 at launch + $5,000 from escrow at close.