Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 4 years ago on . presented by

User Stats

6
Posts
3
Votes

CA-specific: Flood Hazard Disclosure form - when required?

Posted

I'm taking over a property with an existing tenant and reviewing all the paperwork and doing a new lease agreement, etc. using the forms available here on BP. One form has me a bit confused, even after reading the statute (California Government Code section 8589.45).

What is unclear to me is WHEN I need to include this disclosure - (1) Only when I know that the property is in a designated flood zone or (2) always. (if the former, why have a tick box saying that I have no knowledge of status?).  The Excel in the folder says I have to use it every time, but other online sources seem to say that I only need to use it if it is applicable (e.g. the unit is in a flood zone).

The form itself is also a bit confusing (though it appears to conform word-for-word with the statutory requirements) - it is missing a third choice which is "The Premises is not located in a special flood hazard area or area of potential flooding"

Do I always include it, and if so, do I just tick the box for "Landlord has no actual knowledge as to whether the Premises is located in a special flood hazard area or an area of potential flooding." (which seems wrong, because I can look at flood maps and see that the property is NOT located in a designated flood area, nor am I required to carry flood insurance.)

Perhaps thew wording of the second option "Landlord has no knowledge..." is intentionally vague, since I don't want to be on the hook for some freak accident that causes flooding, and therefore I SHOULD include this form, but tick that box?

Thanks - I hope someone with CA experience can help clear this up for me!