Fowler

Plaintiff Fred Fowler, suing on behalf of himself and a putative class of home buyers and sellers, appeals from an adverse judgment entered after the trial court granted a motion for summary judgment in favor of defendants M&C Association Management Services, Inc., and Associations, Inc. (collectively, M&C). Plaintiff’s complaint challenges the imposition of transfer fees upon the sale of homes in residential real estate developments by M&C, a property management company retained by residential homeowners associations, without previously having recorded a notice of the fee as allegedly required by Civil Code section 1098.5, subdivision (b). We conclude, as did the trial court, that no such notice was required and therefore shall affirm the judgment.

Background

In connection with his purchase of a home in Diablo Grande, a common interest development in Patterson, California, plaintiff was charged a “Transfer Fee” of $125 and a “Foreclosure Transfer Fee” of $100 (collectively, Transfer Fees). These Transfer Fees were imposed by M&C as the managing agent for Diablo Grande’s homeowners association (the HOA). As part of the purchase agreement, plaintiff had agreed to be…