Transfers during foreclosure or trustee’s sale or through deed in lieu of foreclosure (REO transfers or
subsequent transfers by a beneficiary after the foreclosure or trustee's sale are not exempt, however)
Transfers by a fiduciary of a trust, decedent’s estate, guardianship or conservatorship
Transfers between co-owners
Transfers to a spouse or to a child, grandchild, parent, grandparent or other direct ancestor or
descendant
Transfers between spouses in connection with a dissolution of marriage or similar proceeding
Transfers by the State Controller pursuant to the Unclaimed Property Law
Transfers as a result of failure to pay property taxes
(Cal. Health & Safety Code § 13113.8(d).)
Q 5. How can the owner of a condominium, stock cooperative, time-share project, duplexes or multi-unit
apartment complex comply with the smoke alarm law?
A California law requires that every condominium, stock cooperative, time-share project, duplexes or
apartment complex or dwelling unit in which one or more units is rented or leased shall have operable smoke
alarms that are approved and listed by the State Fire Marshal and installed in accordance with the State Fire
Marshal's regulations. (Cal. Health & Safety Code § 13113.7.) The location requirements and the type of the
smoke detectors to be used are exactly the same as for single family homes as discussed in Question 1.
However, in the case of apartment complexes and other multiple-dwelling complexes, a smoke detector shall
be installed in the common stairwells.
Q 6. Is a written statement of compliance required for a condominium, stock cooperative, time-share
project, or multi-unit apartment complex?
A No, a written statement of compliance when selling these types of properties is not required.
Q 7. Can you summarize the new rules as they specifically affect landlords?
A Yes. The location requirements and the type of the smoke alarms to be used are exactly the same as for
single family homes as discussed in Question 1. However, after January 1, 2016, a landlord (that is, any person
who rents a property) shall install additional smoke alarms, as needed, to ensure that the smoke alarms are
located in compliance with current building standards. (H&S Code §13113.7(d)(3)). Presently, current building
standards require a smoke alarm in 1) each bedroom, 2) centrally located outside each sleeping area and 3) on
every floor including the basement regardless of whether there is a sleeping area on the floor, including the
basement (California Building Code [F] 907.2.10.1.2). However, the law will not require the landlord to
replace existing alarms unless they are inoperable. Then, of course, they must replace them with the newer
ones approve d by the State Fire Marshall. There is no requirement to upgrade to hard-wired if the alarms are
presently battery operated
The landlord is responsible for testing and maintaining smoke alarms in all units and in the common stairwells
of apartment complexes and other multiple dwelling complexes. Commencing on January 1, 2014, the
landlord’s obligation to test and maintain the smoke alarms extends to single-family dwellings as well. (H&S
Code §13113.7(d)(2)) The landlord beginning January 1, 2014 cannot make the tenant responsible for testing
and maintaining the smoke alarms even if it is a single family residence.