Documents

Article 12, Section 2792.23 of the Regulations of the Real Estate Commissioner require the following documents to be turned over to the Association:

• The recorded subdivision map or maps for the project.
• The recorded condominium plan, if any, and all amendments thereto.
• The deeds and easements executed by the subdivider conveying the common area or other interest to the Association, to the extent applicable.
• The recorded covenants, conditions and restrictions for the subdivision, including all amendments and annexations thereto.
• The Associations filed articles of incorporation, if any, and all amendments thereto.
• The Associations bylaws and all amendments thereto.
• All architectural guidelines and all other rules regulating the use of an owners interest in the subdivision or use of the common area which have been promulgated by the Association.
• The plans approved by the local agency or county where the subdivision is located for the construction or improvement of facilities that the Association is obligated to maintain or repair; provided, however, that the plans need not be as-built plans and that the plans may bear appropriate restrictions on their commercial exploitation or use and may contain appropriate disclaimers regarding their accuracy.
• All notice of completion certificates issued for common area improvements (other than residential structures).
• Any bond or other security device in which the Association is the beneficiary.
• Any written warranty being transferred to the Association for common area equipment, fixtures or improvements.
• Any insurance policy procured for the benefit of the Association, its governing board or the common area.
• Any lease or contract to which the Association is a party.
• The membership register, including mailing addresses and telephone numbers, books of account and minutes of meetings of the members, of the governing body and of committees of the governing body of the Association.
• Any instrument referred to in Section 11018.6(d) but not described above which establishes or defines the common, mutual or reciprocal rights or responsibilities of members of the Association.

It is extremely important to make certain that a walk-through is scheduled, for each phase of the common area, as the maintenance responsibilities are scheduled to be turned over to the Association. The following entities should be represented at this walk, reviewing whether the common area improvements are in substantial compliance with the plans:

• Developer
• Appropriate Board Members
• Appropriate Committee Representatives
• Original Installing Contractor
• Maintenance Contractors
• Management Company

The Board of Directors should then review all reports of the turn over walk, and if everything is in order they should accept the maintenance responsibilities formally through a resolution at their next meeting.

back to top