4525 REAL ESTATE TRANSACTION SELLERS DISCLOSURE DAVIS-STIRLING COMMON DEVELOPMENT ACT TITLE 6

Transcription

1 REGISTRATION #: ASSOCIATION NAME: Los Gatos Village Association MANAGEMENT COMPANY: Compass Management Group CONTACT: Michael Crawford ADDRESS: 77 Las Colinas Lane CITY: San Jose CA ZIP: REG: 408/ FAX: 408/ UPDATED Scores CC: 33 CORP: 0 OWNER/SELLER: Miyo T. Watanabe ADDRESS: Los gatos Almaden Rd CITY: Los Gatos BUYER(S) REQUESTER: Ken Ichikj CA Date: 11/14/2014 Litigation: 0 ZIP: REVIEWER: Alain Dussau Remarks: Association s disclosure duty is only to owners of separate interests upon their written request. It is the owner s responsibility to provide documents to the prospective buyer. This report is the Risk Management, Due diligence package and inventory listing of all documents present in the Disclosure package. It is to be reviewed and initialed by all parties to the transaction. The Seller (s) are required to provide the missing documents or written notice as to why item (s) are missing. HOA INCORPORATION Chapter 3 - Article 3 or Is the Homeowners Association Incorporated? 2.2 If YES, what is the corporate status with Secretary of State? Active Incorporation Date: 12/8/1971 Corporation is ACTIVE with the Secretary of State. TYPE OF OWNERSHIP Chapter 1 - Article 2 or 4100 COMMUNITY APARTMENT 4105 CONDOMINIUM 4125 CONVERSION PLANNED DEVELOPMENT 4175 STOCK COOPERATIVE 4190 This is a Planned Unit Development or PUD. Community apartment project" means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon. A Condominium project, "separate interest" means an individual unit, as specified in subdivision (f). Air space ownership. Apartment buildings that have been converted to condominium ownership. In a planned development, "separate interest" means a separately owned lot, parcel, area, or space. "separate interest" means the exclusive right to occupy a portion of the real proper Page 1

2 Tab 3 INSURANCE 4525(a)(3), 5300, 5300(a) and 5300(b) Summary must contain in at least 10-point boldface type a prescribed paragraph set forth at Civil Code 5300(b)(9). Prescribed notice provides Members right to review policies and obtain copies at a reasonable cost from Association plus other caveats. Association also MUST notify membership as soon as reasonably practicable, if any of the policies is no longer active for any reason mentioned in the Civil Code. The Association may copy and distribute the declaration page of its policies to the extent any of the information required is specified on that page. All required information must be provided. AGENTS NAME: All State Insurance Phone #: Name of Insurer Type of Insurance Amount of Deductibles Policy Limits Property Liability Umbrella Liability Directors Officers Expiration Date: 12/31/2014 $10,000 Deductable $2,000,000 $10,000, Earthquake 3.11 Workers Comp 3.13 Fidelity 3.10 Flood 3.12 Ordinance Fidelity Bond Amt $225, Buyer s to obtain an HO6 insurance policy to cover the interior and personal items not covered by HOA policy. (GAP policy) to cover what the HOA does not cover, Loss Assessment and Special assessment coverage made be available. You can also decrease the deductible for increased protection. There is a $10,000 deductible per occurrence. Tab 4 FINANCIAL 5300 Pro Forma Budget or Annual Operating Budget must contain: Fidelity Bond does not cover funds in Reserves Plus 3 months of Assessments as required by Lenders. The estimated revenue expenses on an accrual basis A summary of the association s reserves based upon the most recent review or reserve study conducted pursuant to Civil Code5300(b)(2), which shall be printed in bold type and include all of the following: The current estimated replacement cost, estimated remaining life, and estimated useful life of each major component. As of the end of the fiscal year for which the study is prepared: The current estimate of the amount of cash reserves necessary to repair, replace, restore, or maintain major components $1,985, The current amount of accumulated cash reserves actually set aside to repair, replace, restore, or maintain major components. $1,570, as of: Date CPA rev 12/31/13 The percentage Funded Total Deficit: 79.07% ($415,715.00) 2014 Deficit per Unit: ($2,550.40) of Units: 163 Page 2

3 Tab 4 FINANCIAL 5300 and subsequents Year Reserve Projection: A statement as to whether the Board of Directors of the Association has determined or anticipates that the levy of one or more special assessments will be required to repair, replace, or restore any major component or to provide adequate reserves therefore. A general statement addressing the procedures used for the calculation and establishment of those reserves to defray the future repair, replacement, or additions to those major components that the association is obligated to maintain. Physical inspections as required every three years Physical inspection preformed by: Engineer, General Contractor, CPA A copy of the operating budget shall be annually distributed not less than 30 days nor more than 90 days prior to the beginning of the association s fiscal year. Gross annual income exceeds $75,000, Association Reserves Board of Directors, committee, Management or other: A Review of its financial statement MUST be prepared by a licensed California accountant and distributed to all Members. Within 120 days after the close of the Association s fiscal year. This requirement is in addition to the above requirement of notifying Members of their right to receive an Annual Report at no cost. 03/07/14 for year en Gross annual income exceed $10,000 per year Corp Code 8321, /17/2013 Incorporated Associations that receive $10,000 or more in gross revenues or receipts during a fiscal year are required to prepare an Annual Report and notify members of their right to receive it at no cost. Within 120 days after the close of the Association s fiscal year. NA Association, which decides to temporarily borrow from the reserve funds to pay for litigation, or operating expenses, MUST notify members see CC 5520 If yes described method of repayment. NO 5305/5300(b)( Date Last preformed: Does the Association have any outstanding loans with an original term of more than one year: COMMENTS As of 7/1/05 The HOA s must report reserve funding on the straight line not the Cash flow, and provide an Assessment and Reserve Funding Disclosure Summary form, prepared pursuant to section 5570 shall accompany each annual budget report or summary of the annual budget report that is delivered pursuant to this article Based on information provided by the HOA they are currently 79.07% funded in reserves this equates to -$415, divided by 163 Units = -$2, Un Funded Reserve Liability per home. Numbers were taken from the 12/31/13 CPA Review and the reserve funding disclosure for Suggest Buyer to obtain 2015 budget due no later than December 1st, To cover any deficit the HOA can Increase, assessments over the cost of living up to 20% per year, defer the work that needs to be done, Special Assessment or with a vote of the membership borrow needed funds from a Bank and spread the payments out over 5 to 10 years. The concept is that each owner will pay for their share of the usage of the components listed in the reserves during their ownership. HOA s in California are not required by law to fully fund the reserves only to disclose their methodology to have the funds available when they are needed. Governing document may impose a more stringent requirement for funding reserves. Page 3

4 At least once every three years, the board of directors shall cause to be conducted a reasonably competent and diligent visual inspection of the accessible areas of the major components that the association is obligated to repair, replace, restore, or maintain. To remain accurate the Association should update on an annual base to reflect any changes or shifts in economic parameters, the addition of assets or Phases, or the expenditure of reserve funds to maintain the project occur. This funding level formulas have been taken from several of the Reserve study companies and is meant to be a guide to the financial health of the HOA and the possibilities for special assessments or large increases in assessments. The value of the property is directly related to the value of the reserves. Reserve funding deficits represent the depreciation factor of those components as of the date of the most current Reserve study or update.) In using the scale you should take into consideration the size of the Association, age, what the Association is responsible to maintain and the total deficit amount per home. This may become a negotiable item in the transaction) Funding levels: 00-30% You can expect frequent and significant special assessments 31-69% You can expect significant increases in monthly assessments and special assessments % Are considered financially strong, and special assessments should be rare The value of the Home is directly related to the value of the Reserves. Page 4

5 Tab 5 ENFORCEMENT ISSUES POLICIES 4525(a)(2) Age Restriction age restriction per the CC&R's Delinquent Assessment Collection Policy Pre-Lien tice With annual budget Schedule of fines and Monetary Penalties With annual budget Alternative Dispute rights With annual budget Internal Dispute rights With annual budget 5310 COMMENTS CC&Rs use restriction and Architectural guidelines for any concerns. Tab 6 GOVERNING DOCUMENTS4525(a)(1) *UPDATED CODE January 1, 2000 Specific disclosure on discriminatory provisions violates law. 20 point bold red covering all documents being provided. Governed by the Davis-Stirling Common Interest Development Act Took effect Articles of Incorporation /07/01 Restated By Laws 11/15/01 Restated 7/18/06 amendment Covenants, Conditions, Restrictions CCR s 12/06/01 Restated, 12/22/11 Maintnence responsibilities Condo Plan / Subdivision Map See track map with prelim Rules and regulations See behind the Budget pacakge and Tab 5 COMMENTS For rules See at the end of the Budget pacakge (available Tab 4) and Tab 5. Page 5

6 Tab 7 MEETINGS AND MINUTES (Newsletters 12 months) 4525(a)(10) REQUIRED BY THE CONTRACT OF SALE (1) tice of Board Meetings must be given of the time and place of the Board meeting. tice can be in the common area, mail or delivery to each unit or lot, or newsletter or similar way to communicate with members. 7.1 Association must notify Members annually of their right to have copies of the minutes of meetings of the Board. (Usually distributed with budget) tice MUST state: i) Minutes will be made available to Members upon request within 30 days of Board Meeting. ii) How and where minutes may be obtained Association can ask for reimbursement of costs to produce MINUTES Jan Apr Jul Oct Jan Apr Jul Oct Feb May Aug v Feb May Aug v Mar Jun Sep Dec Mar Jun Sep Dec COMMENTS Suggest Buyer (s) review minutes for any concerns and to acquaint themselves with the HOA. NEWSLETTER Jan Apr Jul Oct Jan Apr Jul Oct Feb May Aug v Feb May Aug v Mar Jun Sep Dec Mar Jun Sep Dec COMMENTS Suggest Buyer (s) review Newsletters for any concerns and to acquaint themselves with the HOA. Page 6

7 Tab 8 CONSTRUCTION DEFECT LITIGATION Is the Association in or contemplating litigation? Construction Other Other Type: 8.02 CC 6000 Imposes an obligation on Associations containing 20 units or more to follow certain procedures before filing a construction defect suit including providing notice to members regarding the nature of the defects and options available to address the problems, including litigation, and the alternatives to pay for those options CC Requires all associations, regardless of size, to file a pre-filing lawsuit notice to members. AFTER RESOLUTION of dispute notice of defects to be corrected and estimate of timetable for repairs. Requires Association, UPON SETTLEMENT of construction defect dispute with builder to provide members with a general description of construction defects association reasonably believes will be repaired, and good faith estimate of when the Association will repair or replace the damaged areas. If applicable, the amount of funds received from either a compensatory damage award or settlement to an association from any person or entity for injuries to property, real or personal, arising out of any construction or design defects, and the expenditure or disposition of funds, including the amounts expended for the direct and indirect costs of repair of construction or design defects. These amounts shall be reported at the end of the fiscal year for which the study is prepared as separate line items under cash reserves pursuant to clause (ii). In lieu of complying with the requirements set forth in this clause, an association that is obligated to issue a review of their financial statement pursuant to subdivision (b) may include in the review a statement containing all of the information required by this clause. litigation per the HOA Demand form dated 11/06/2014. Page 7

8 REAL ESTATE TRANSACTION SELLERS DISCLOSURE File/property checked for governing document violations, fines or penalties. violations per the Demand form dated 11/06/2014. PRELIMINARY TITLE REPORT Verify Documents received from the Association against the Preliminary Title report. Look for other documents referencing to the Association and Recorded against the property. 08/18/2014 FREQUENTLY ASKED QUESTIONS MAINTENANCE DISCLOSURES OWNER RESPONSIBILITY vs. ASSOCIATIONS: TERMITE & DRY ROT & Mold Civil code 1364 Common Are REPAIR MAINTENANCE OF EXTERIOR OF LOT/UNITS Owners See page 12/22/11 CC&R's amendment. Owners are responsibility for termites, dry rot, mold on the their lot HOA is responsible for roofs, gutters, prim, paint and stain for exterior wood and siding ect. PET RESTRICTIONS: Pet Restrictions CC&R's pg. 46 Pet Restrictions not more than two (2) common household pets. size or breed restrictions found. RENTAL / LEASE RESTRICTIONS: Rental / Lease Restrictions Pg Residential Use ARCHITECTURAL CONTROL: Architectural CC&R's pg. 39 LENDER APPROVALS: GENERAL INFORMATION: # OF UNITS PERCENT OWNER OCCUPANCY FHA Freddie Mac Fannie Mae % # OF UNITS OVER 30 DAYS PERCENT OVER 30 DAYS The HOA amended the CC&R's 12/22/11 to specificly outline the HOA responsibilities for maintenance. Owners are responsible for everything not listed. Page 8

9 Tab. Missing Information REGISTRATION #: A copy of the operating budget shall be annually distributed not less than 30 days nor more than 90 days prior to the beginning of the association s fiscal year - when was budget distributed? Page 9

10 REAL ESTATE TRANSACTION SELLERS DISCLOSURE Section Comments Incorporation Comments Corporation is ACTIVE with the Secretary of State. Ownership Comments This is a Planned Unit Development or PUD. Insurance Comments Buyer s to obtain an HO6 insurance policy to cover the interior and personal items not covered by HOA policy. (GAP policy) to cover what the HOA does not cover, Loss Assessment and Special assessment coverage made be available. You can also decrease the deductible for increased protection. There is a $10,000 deductible per occurrence. Fidelity Bond does not cover funds in Reserves Plus 3 months of Assessments as required by Lenders. Financial Comments As of 7/1/05 The HOA s must report reserve funding on the straight line not the Cash flow, and provide an Assessment and Reserve Funding Disclosure Summary form, prepared pursuant to section 5570 shall accompany each annual budget report or summary of the annual budget report that is delivered pursuant to this article Based on information provided by the HOA they are currently 79.07% funded in reserves this equates to -$415, divided by 163 Units = -$2, Un Funded Reserve Liability per home. Numbers were taken from the 12/31/13 CPA Review and the reserve funding disclosure for Suggest Buyer to obtain 2015 budget due no later than December 1st, To cover any deficit the HOA can Increase, assessments over the cost of living up to 20% per year, defer the work that needs to be done, Special Assessment or with a vote of the membership borrow needed funds from a Bank and spread the payments out over 5 to 10 years. The concept is that each owner will pay for their share of the usage of the components listed in the reserves during their ownership. HOA s in California are not required by law to fully fund the reserves only to disclose their methodology to have the funds available when they are needed. Governing document may impose a more stringent requirement for funding reserves. At least once every three years, the board of directors shall cause to be conducted a reasonably competent and diligent visual inspection of the accessible areas of the major components that the association is obligated to repair, replace, restore, or maintain. To remain accurate the Association should update on an annual base to reflect any changes or shifts in economic parameters, the addition of assets or Phases, or the expenditure of reserve funds to maintain the project occur. This funding level formulas have been taken from several of the Reserve study companies and is meant to be a guide to the financial health of the HOA and the possibilities for special assessments or large increases in assessments. The value of the property is directly related to the value of the reserves. Reserve funding deficits represent the depreciation factor of those components as of the date of the most current Reserve study or update.) In using the scale you should take into consideration the size of the Association, age, what the Association is responsible to maintain and the total deficit amount per home. This may become a negotiable item in the transaction) Funding levels: 00-30% You can expect frequent and significant special assessments 31-69% You can expect significant increases in monthly assessments and special assessments % Are considered financially strong, and special assessments should be rare The value of the Home is directly related to the value of the Reserves. Enforcement & Policies Comments CC&Rs use restriction and Architectural guidelines for any concerns. Governing Documents Comments REGISTRATION #: Page 10

11 For rules See at the end of the Budget pacakge (available Tab 4) and Tab 5. Minutes Comments Suggest Buyer (s) review minutes for any concerns and to acquaint themselves with the HOA. Newsletters Comments Suggest Buyer (s) review Newsletters for any concerns and to acquaint themselves with the HOA. Litigation Comments litigation per the HOA Demand form dated 11/06/2014. violations per the Demand form dated 11/06/2014. Maintenance Comments See page 12/22/11 CC&R's amendment. Owners are responsibility for termites, dry rot, mold on the their lot HOA is responsible for roofs, gutters, prim, paint and stain for exterior wood and siding ect. The HOA amended the CC&R's 12/22/11 to specificly outline the HOA responsibilities for maintenance. Owners are responsible for everything not listed. Lender Comments Page 11

12 DISCLOSURE COMPLIANCE REVIEW STATEMENT REGISTRATION #: CERTIFIED ASSOCIATION NAME: Los Gatos Village Association MANAGEMENT CONTACT: Michael Crawford ADDRESS: 77 Las Colinas Lane OWNER/SELLER: Miyo T. Watanabe ADDRESS: Los gatos Almaden Rd CITY: San Jose CA ZIP: CITY: Los Gatos CA ZIP: REG: 408/ FAX: 408/ BUYER(S) REVIEWER: Alain Dussau Community Association DataSource is an independent, third party provider that has been asked to review and organize the Disclosures as presented. Community Association DataSource does not base an opinion or audit the Association s operations. The review is merely an examination of the documents and information provided and is compared to the California required disclosures of an Association to its members on an It s either there or it s not method. We have inventoried and listed all documents presented by or on behalf of the Seller (s). This Common Interest Development Disclosure Compliance Review has been found to be: t In Compliance 1. * Did the Seller(s) or their agent request documents properly? ** Did the Association or its Agent comply with the required 10-day time frame by providing all required information? *** The Seller may have willfully violated disclosure obligation within this section by not requesting documents propertly. 4. *** The Association may have willfully violated this section by not providing requested documents or withholding document pertinent to this sale. Sellers and Buyers should review to decide the importance of each non-disclosed item. Seller(s) must obtain missing items or explain in writing why they are not available. Buyer(s) prior to signing off this contractual contingency may wish further information or may decide to obtain after closing. This should be in writing. * Under the terms and conditions of the Davis-Stirling Act governing the Sales Transaction Disclosure 1368 and 1365 ** Upon 10 Day Written tice The Association or its Agent will provide ALL of the documentation and information necessary to fulfill ALL of the disclosures requirements of Civil Code 1364, 1365 and 1368 (and related sections). *** In accordance with Civil Code Section 1368 any person or entity who willfully violates this section shall be liable to the purchaser of a separate interest, which is subject to this section for actual damages occasioned thereby and, in addition, shall pay a civil penalty in an amount not to exceed ($500.00). In an action to enforce this liability, the prevailing party shall be awarded reasonable attorneys fees. Page 12