Contact Us 619-589-8800


Transfer Fees – Equal Application to Owners and Tenants

Posted by Bradley Schuber | Nov 04, 2013

Associations are allowed to charge transfer fees that they incur when residents move in or move out of the community.  However, transfer fees cannot be more than what is necessary to cover an association's costs, and in no event are they meant to generate a profit for an association.  A typical example of a transfer fee might be costs incurred with updating an association's records.  

However, if an association adopts a rule regarding transfer fees, the rule should apply equally to both resident owners and an owner's tenants alike.  The reasoning behind this is twofold.  First, the costs associated with a resident Owner, as opposed to an Owner's tenant, moving in or moving out of a community are the same or similar in nature.  Thus, it is difficult to justify charging one and not the other.

Second, a rule which applies to both equally is more consistent and less subject to challenge by the membership. As a result, if an association chooses to adopt a rule of this type, it should make the rule equally applicable.

About the Author

Bradley Schuber

Owner / Shareholder Practice Areas: Community Association Counsel, Civil Litigation Brad Schuber owns and is the sole shareholder of Kriger Law Firm, APC. He oversees the firm's operations and has an extensive background in representing residential and commercial associations in southern Califo...


Kriger Law Firm is committed to answering your questions about Community Association General Counsel, Governing Document Revisions, Alternative Dispute Resolution, CC & R Enforcement Litigation, and Common Interest Development law issues in California.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.