California Court of Appeal
Fowler v. M&C Association Management Services, Inc., A137462
Summary judgment in favor of defendants in an action challenging the imposition of transfer fees upon the sale of homes in residential real estate developments by defendants, is affirmed, where the trial court correctly concluded that: 1) the Davis-Stirling Act authorizes transfer fees of the type that were charged here, a "fee in connection with transfer of title" so long as the fee does not exceed the association's actual costs to change its records;" and 2) the fees involved here are not transfer fees within the meaning of Civil Code section 1098 requiring that a notice in conformity with section 1098.5(b) be recorded before the fees may be imposed.
Appellate Information
- Decided 10/28/2013
- Published 10/28/2013
Judges
- POLLAK
Court
- California Court of Appeal