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DAVIS-STIRLING DISCLOSURES - NOTICES - COMPLIANCE FOR 2014

Davis-Stirling Act


Below is a table of the year 2014 HOA Disclosure Requirements.
This information was taken directly from the California Codes and is not intended as legal advice. Please contact us if legal advice is required.


Reference
Action Required
When

Civ. Code §1102.6

Among other disclosures, a Seller of a unit must disclose to a buyer any defects or malfunctions of major systems in the unit or common area.

Continual.

Civ. Code §4360

Provide written notice of proposed rule change.

  

Deliver written notice of rule change.

 

At least 30 days before making rule change.

As soon as possible, but not more than 15 days after making rule change.

Civ. Code §5850(a)

If association adopts a policy imposing monetary penalties, then it must distribute a schedule of those penalties to all members.

When adopted, by personal delivery or first-class mail and when changes are made.  Annually is strongly recommended.

Civ. Code §5855

When Board is to meet to consider discipline of a member.

 

 

 

When Board imposes discipline on a member.

 

Notice by personal delivery or first class mail, at least 10 days prior to meeting.

Notice by personal delivery or first class mail, within 15 days following the action.

Civ. Code §5115(a)

Mail election ballots, two preaddressed envelopes with instructions.

By personal delivery or first class mail, not less than 30 days prior to voting deadline.

Civ. Code §4950(b)

Notify members of their right to have copies of minutes and how and where those minutes may be obtained.

Annually when budget is distributed or any general mailing to the membership.

Civ. Code §4920 & 4923

Notify members in writing of the time and place of meetings (except for emergency meetings) by mail or posting.

At least four days’ notice is required unless the dates and times are set forth in the bylaws.

Civ. Code §5300(a)

Distribute pro forma operating budget.

Annually, not less than 30 days nor more than 90 days prior to the beginning of the association’s fiscal year.

Civ. Code §5305

Distribute a review (or audit) of the association’s financial statement if association’s annual gross income exceeds $75,000. If association income is between $10,000 and $75,000, Corp. Code §8321 applies.

Annually within 120 days of the close of the fiscal year.

Civ. Code §5320(a)

Distribute Assessment Collection Policy.

Annually during the 30-90 day period prior to the beginning of the fiscal year, unless the governing documents state otherwise.

Civ. Code §5320(a)

As an alternative to distributing the pro forma operating budget pursuant to Civ. Code §1365(a), the board may distribute a summary of the pro forma operating budget according to the requirements of Civ. Code §1365(d)

Annually during the 30-90 day period prior to the beginning of the fiscal year, unless the governing documents state otherwise.

Civ. Code §5310(a)(7) Distribute Assessment Collection Policy. Annually during the 30-90 day period prior to the beginning of the fiscal year.
Civ. Code  §5300(a) Provide information to members regarding insurance carried by the association. Annually within 30-90 days prior to the beginning of the fiscal year. Changes in coverage must also be disclosed when made.

Civ. Code  §5730 & 4740(b)

Distribute a required written notice regarding assessments and other matters to all members.

By personal delivery or first class mail during the 60-day period immediately preceding the beginning of the fiscal year.

Civ. Code  §5570

Distribute Assessment and Reserve Funding Disclosure Summary to all members.

Distribute annually with the annual budget.

Civ. Code §5520

Notify all owners when the association uses or transfers any funds from its reserve account to fund litigation.

Next available mailing.

Civ. Code §5615

Notify members of any increase in the regular or special assessments.

By first-class mail, not less than 30 days nor more than 60 days prior to the increased assessment.

Civ. Code

§4525 & 4530

 

Provide to an owner of a separate interest any items requested by that owner that are set forth in Civ. Code §1368(a) (1) through (10)

Within 10 days after a written request has been mailed.

Civ. Code §6150

 

Notify all owners before a lawsuit for construction defects is filed by the association.

 

 

 

Notify all owners that a meeting will take place to discuss construction defects, the possibility of filing a suit, and all available options.

 

At least 30 days before filing suit against the declarant or other developer.

 

 At least 30 days prior to filing a suit against the declarant or other developer.

 

Civ. Code §5965

 
Association will provide to members a summary of the Civil Code §5390 Alternative Dispute Resolution requirements. Annually when budget is distributed or as provided in Corporations Code §5016.

Corp. Code §1502

If the association is incorporated, file with the Secretary of State a statement providing the information set forth Corp. Code §1502(a) (1) through (9).

Within 90 days of the corporation’s anniversary date of the filing of its original articles and annually thereafter.

Corp. Code §8321

 

 
Distribute notice of right to receive Annual Report (if annual gross income is $10,000 or more).  If annual gross income exceeds $75,000, Civil Code §1365(c) also applies. Annually.

Labor Code §6401.7

 

 
Employers must have an effective injury prevention program. Continual.

The Davis-Stirling Disclosures-Notices-Compliance for 2014 is a general summary of some of the applicable law and related requirements, and is not an exhaustive treatment of all applicable law and related requirements. Moreover, the Davis-Stirling Disclosures-Notices-Compliance for 2014 is not legal advice and should not be construed as legal advice or relied upon. You should consult with an attorney regarding your particular situation or if you are in need of legal advice.
 


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