CIVIL CODE § 4525
Condo Sale Balcony Inspection Disclosure — San Diego
Civil Code § 4525 requires a condo seller to give the buyer "a copy of the report issued pursuant to the most recent inspection conducted pursuant to Section 5551" — the association's SB 326 balcony inspection — as part of the standard resale disclosure package.
Most San Diego condo sellers and their agents know the standard resale disclosure package by muscle memory — CC&Rs, assessment statements, meeting minutes — without realizing the same statute now folds in a document that didn't exist a few years ago: the association's SB 326 balcony inspection report. Skipping it isn't just an oversight; it's a gap in a legally required disclosure package.
Named in the Statute
Civil Code § 4525 specifically lists the § 5551 (SB 326) inspection report alongside governing documents and assessment statements in the resale disclosure package.
Whose Job Is It
The association or its management company typically compiles and provides the § 4525 package; the seller's agent or an HOA-docs service coordinates the request.
The Real Risk
An association with no completed inspection has nothing to hand over — and that gap tends to surface at the worst possible moment in a transaction, mid-escrow.
What a Buyer's Agent or Lender Wants to See in the Disclosure
A completed SB 326 report with no unresolved safety findings reads, to a buyer or lender doing diligence, as a clean bill of health on the building's elevated structures. A missing report, or one with an open finding and no documented remediation plan, tends to prompt follow-up questions — sometimes from a buyer's agent, increasingly from lenders and insurers who now ask about SB 326/SB 721 status as part of underwriting on condo and multifamily transactions.
If Your Association's Inspection Is Overdue and You're Listing Soon
A board planning to sell units or expecting resales in the near term has a straightforward option: schedule the SB 326 inspection now rather than let a listing surface the gap first. A completed report ahead of a sale removes an entire category of buyer and lender questions before they're asked, and closes out the association's own statutory exposure at the same time.
Related Reading
Need the inspection scheduled before a listing goes live? See our SB 326 cost by building size guide, or our full deadline schedule if the association isn't sure where it stands. This page is a general summary, not legal or real estate advice — confirm your transaction's specific disclosure obligations with your agent, escrow officer, or counsel.
Good to Know
Frequently Asked Questions (FAQ)
Does a condo seller have to disclose the SB 326 inspection report when selling in San Diego?+
Yes. Civil Code § 4525 requires the owner to provide a prospective buyer with a copy of the report issued pursuant to the association's most recent SB 326 inspection under Civil Code § 5551, as part of the standard resale disclosure package.
What happens in escrow if the HOA has never completed its SB 326 inspection?+
There is no report to attach because none exists. Buyers, lenders, and title/escrow companies increasingly flag this gap during due diligence, and it can slow or complicate closing while the association scrambles to schedule a catch-up inspection — an association that inspects proactively avoids this friction for every unit sale that follows.
Who requests the SB 326 report during a resale — the buyer, seller, or agent?+
Typically the seller's agent or the escrow/HOA document company requests it from the association's management company along with the rest of the Civil Code § 4525 disclosure package, which also includes governing documents, assessment statements, and any unresolved violation notices.