[CA] Who is liable when an HOA special assessment is not disclosed before a condo sale closes?

CA Real Estate Law

John White

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My opinion is that the seller is liable for nondisclosure, but it sounds like the HOA, title company, and any real estate agents involved were also negligent. Under California law, a condo seller must give the buyer a statement of the association's current regular and special assessments as soon as practicable before title transfers (California Civil Code § 4525), and the association must provide those documents to the seller when requested (California Civil Code § 4530). Anyone who willfully violates these disclosure rules can be liable to the buyer for actual damages plus a civil penalty, and the prevailing party is awarded reasonable attorney's fees (California Civil Code § 4540). The experts here cannot represent you, but you can get a free consultation from some of the local attorneys listed at https://www.justia.com/lawyers/real-estate-law/california/sacramento. Please follow up on this with a local attorney.

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I closed a deal for a condo in Sacramento, CA on Mar 5th, 2026. A demand letter from the title company was sent to the HOA for any assessments that were coming due. The HOA sent back none due on Feb 17th, 2026. I have since found out that the board of directors had approved an emergency special assessment in Sept 2025. I did not know this until May 1st, 2026, when I got the bill. I know the seller should have disclosed this to their agent, but didn't. I can't find the seller at this moment. Is the HOA still liable, whether the title company sent an estoppel cert to them or not, for them to have disclosed that? Who can I take to small claims to get my money back, other than the seller? Is the title company at fault for not sending an estoppel cert for future assessments, or the HOA for not providing that information?

Lexi, Chatbot

I understand how frustrating it must be to deal with unexpected assessments after closing on your condo. Can you confirm if you have already attempted to contact the HOA regarding this issue?

Yes, I have.

Lexi, Chatbot

Have you gathered any documentation, such as the demand letter from the title company or the communication from the HOA, that could support your case?

Yes.

Lexi, Chatbot

Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they'll be able to help with your assessment dispute.

No.

John White

Hello and welcome to our service. I've been an attorney since 1983. I am sorry you need help with this, but it is my pleasure to assist you today with your problem.

John White

I do know the seller is responsible, but I can't locate her. I talked to the HOA and asked why they didn't submit a future assessment without the title company asking directly with an estoppel cert, from what I learned about, and the HOA has said they didn't have a cost. The realtor has said it's not their job to go after a client to find out if there is an assessment if they don't disclose it, and the title company has said they send out the demand letter only. But since there is an estoppel certification, which asks for a future assessment, wouldn't or shouldn't they have sent that out too?

John White

Do you know if the seller bought another property?

John White

Was there a real estate agent involved in this transaction? Who signed the estoppel certificate?

There was not an estoppel cert signed by anyone. Yes, there was a real estate agent assigned, but as I stated, they absolved themselves of her not mentioning it, and no, she did not buy another property.

John White

Consult a local attorney.

I figured it out, thank you.

John White

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John White

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