If you are buying into a Brentwood HOA, California Civil Code section 4525 entitles you to a specific list of documents, and it is longer than most buyers realize. Governing documents, financial statements, current and unpaid assessments, unresolved violation notices, construction defect information, approved future assessment increases, and on request, twelve months of board minutes.
Across 460+ East Bay closings over twenty years, the buyers who read the packet negotiate better than the ones who skim it, and Brentwood splits close to evenly between HOA and no-HOA, so roughly half of you will get one.
What does Civil Code 4525 actually require?
It requires the owner to provide the prospective purchaser with the following, on request.
All of the governing documents. Not a summary. The declaration, the bylaws, the operating rules, the articles.
The association's financial documents required under Article 7, which is the budget and financial reporting package.
A written statement of current regular and special assessments and fees, plus any assessments levied against the property that are unpaid, and any unpaid fines, late charges and collection costs.
Copies of any unresolved notice of violation issued under section 5855.
Construction defect information under sections 6000 and 6100, which covers litigation and settlements over defects.
Any assessment increase that has been approved but is not yet due. This one is quietly the most valuable line on the list.
A statement if the governing documents prohibit leasing, which matters if you ever intend to rent the property out.
On request, twelve months of approved board minutes, excluding executive session.
The most recent inspection report under section 5551, which is the balcony and elevated element inspection.
And where age restrictions apply, a statement that the governing documents limit occupancy, residency or use on the basis of age, that those restrictions are enforceable only to the extent permitted by Civil Code section 51.3, and specifying the applicable provisions.
Which three items actually change a decision?
Most buyers open the packet, see three hundred pages, and close it. If you only read three things, read these.
The approved-but-not-yet-due assessment increase. An association that has already voted an increase is telling you what your dues will be, not what they are. A listing quotes the current figure. The packet quotes the future one.
Twelve months of board minutes. This is the only document in the package that is not written to be shown to buyers. Reserve shortfalls, litigation, deferred projects, and how the board actually behaves all show up in the minutes long before they show up anywhere else.
Unresolved violation notices on the property you are buying. A section 5855 notice that has not been resolved does not disappear at close. It becomes yours, along with whatever it is about.
What about the reserve study?
Read it, and read it against the minutes rather than on its own.
A reserve study tells you what major components the association is responsible for, what condition they are in, and what has been set aside. A well-funded reserve means future roofs and roads are already partly paid for. A thin one means a special assessment is a question of when.
Neither number means much in isolation. What tells you something is a reserve study read alongside a year of minutes showing whether the board is funding it or deferring it.
How does this differ across Brentwood?
Enormously, because Brentwood's associations are not one thing.
Summerset is four separate associations, and the packet you receive is the one for your association, not for Summerset generally. Trilogy is a different structure again. Some neighborhoods have no association at all, and others have one that maintains almost nothing.
The city also layers on landscape and lighting assessment districts, which are not HOA dues and do not appear in the HOA packet. Some homes pay both. Check both.
If you're buying or selling in a Brentwood HOA
If you're buying: request the full section 4525 package early, in writing, and specifically ask for the twelve months of minutes, because that item is provided on request rather than automatically. Read the approved-but-not-yet-due increase before you finalize your monthly budget.
If you're selling: order the package from your management company as soon as you decide to list, not when you are in contract. Turnaround varies and a delayed HOA packet is one of the most common causes of an extended contingency period, which is time your buyer can use to get cold feet.
Frequently asked questions about Brentwood HOA disclosures
What documents does a California HOA have to give a buyer?
Under Civil Code section 4525, the owner must provide the governing documents, the Article 7 financial documents, a written statement of current regular and special assessments and fees plus unpaid assessments, fines, late charges and collection costs, copies of unresolved section 5855 violation notices, construction defect information under sections 6000 and 6100, any approved but not yet due assessment increase, a statement if leasing is prohibited, the most recent section 5551 inspection report, and on request twelve months of approved board minutes excluding executive session.
Do I get the HOA board minutes?
Yes, on request. Civil Code section 4525 provides for twelve months of approved board minutes, excluding executive session. Because it is provided on request rather than automatically, ask for it specifically and in writing.
Will I be told about a future dues increase?
Civil Code section 4525 requires disclosure of any assessment increase that has been approved but is not yet due. A listing typically quotes the current dues, so the packet is where a scheduled increase appears.
What is a section 5855 notice?
A notice of violation issued by the association. Civil Code section 4525 requires copies of any unresolved notice of violation to be provided to a prospective purchaser. An unresolved violation on the property does not go away at close.
Does every Brentwood home have an HOA?
No. Brentwood splits close to evenly between homes with an association and homes without, and it varies within neighborhoods rather than cleanly between them. Separately, many Brentwood homes pay into a city landscape and lighting assessment district, which is not HOA dues and does not appear in the HOA packet.
The Bottom Line on Brentwood HOA Packets
The law entitles you to a great deal more than the CC&Rs. The three items that most often change a decision are the approved future assessment increase, twelve months of board minutes, and any unresolved violation on the property.
Two of those you have to ask for. Ask.
Buying into a Brentwood association?
Send me the community and I will tell you what to look for in the packet before it arrives.
See homes for sale in Brentwood
Selling in an HOA? Start with a valuation, or call or text 925-250-9611.
Sources
California Civil Code section 4525 for the documents an owner must provide to a prospective purchaser of a separate interest in a common interest development, including the governing documents, the Article 7 financial documents, the statement of current and unpaid assessments, fines, late charges and collection costs, copies of unresolved section 5855 violation notices, construction defect information under sections 6000 and 6100, approved but not yet due assessment increases, the leasing prohibition statement, twelve months of approved board minutes on request, the most recent section 5551 inspection report, and the age restriction statement referencing section 51.3.
Statutory disclosure requirements are amended from time to time. Confirm the current list and the specific association's documents with your escrow officer and your own attorney.
Jaz Chand, Broker Associate | Homes With Accent
The Jaz Team at Merrill Signature Properties | DRE #01751823
Phone/Text: 925-250-9611 | Jaz@HomesWithAccent.com
General information only, not legal or financial advice, and not an interpretation of any specific association's documents. Have your own attorney review governing documents that concern you.