DAVIS-STIRLING DISCLOSURES–NOTICES–COMPLIANCE FOR 2008

Davis-Stirling Act


Below is a table of the year 2008 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

Seller of unit must disclose to buyer any defects or malfunctions of major systems in the unit or common area; therefore, the Board needs to keep owners informed of major defects or malfunctions.

Continual.

Civ. Code §1357.130

Send written notice of proposed rule change.

  

Send 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 §1363(g)

If Board 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 §1363(h)

When Board is to meet to consider discipline upon 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 §1363.03(e)

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 §1363.05(d)

Upon request, make minutes of board meetings (or those proposed and marked to indicate draft status) available to members.

Within 30 days of the meeting upon request.

Civ. Code §1363.05(e)

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 §1363.05(g)

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 §1365(a)

Distribute summary of the association’s reserves and whether special assessments will be needed for repairs or to replenish reserves.

Annually with the budget.

Civ. Code §1365(a)(c)

Distribute Pro Forma Operating Budget or Summary of Budget with required notices.

Annually between 30-90 days prior to the beginning of the fiscal year, unless the governing documents state otherwise.

Civ. Code §1365(b)

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 §1365(d)

Distribute Assessment Collection Policy.

Annually during the 30-90 day period prior to the beginning of the fiscal year.

Civ. Code  §1365(e)

Notify members of the amount and type of insurance carried by the association and whether or not it is insured to the minimum levels specified by Civil Code §1365.9.  ($2 million liability coverage up to and including 100 units and $3 million over 100 units)

Annually within 30-90 days prior to the beginning of the fiscal year.  Changes in coverage must also be disclosed when made.

Civ. Code  §1365.1(a)

Distribute “Notice of Assessments and Foreclosure” 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 §1365.2.5

Distribute Assessment and Reserve Funding Disclosure Summary to all members.

Distribute annually with the annual budget.

Civ. Code §1365.5(d)

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

Next available mailing.

Civ. Code §1366(d)

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

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

Civ. Code

§1368(a)(b)

 

Provide to a prospective purchaser governing documents, all occupancy and residency restrictions, most recent annual financial statement, current assessments, late charges, interest, any approved regular or special assessments which have not yet been implemented, a copy of alleged violations of the governing documents that remain unresolved, a copy of any preliminary defects provided to members, and any construction settlement information provided pursuant to §1375.1.

Within 10 days after a written request has been mailed.

Civ. Code §1368.5(a)

 

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

 

 

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 developer.

 

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

 

Civ. Code §1369.590

 
Send summary of Civil Code §1369.510 through 1369.590 Alternate Dispute Resolution requirements. Annually when budget is distributed.

Corp. Code §1502 and Civ.  Code §1363.5

 

If incorporated, file with the Secretary of State an Annual Statement providing the association’s address and managing agent’s name and address.

Within 90 days of the corporation’s anniversary date of incorporation.

Corp. Code §8321

 

 
Notice of right to receive Annual Report to be distributed if annual gross income exceeds $10,000.  If annual gross income exceeds $75,000 Civil Code §1365(b) also applies. Annually within 120 days after the close of the fiscal year.

Health & Safety Code

§25249.6

 
Notify members of dangerous materials such as asbestos, radon, etc. Continual.

Labor Code §6401.7

 

 
Notify employees regarding workplace chemicals and hazards. Continual.

This checklist is only a summary of the required disclosures. You should refer to the statutes and case law or an attorney for complete and accurate information. If legal advice is required, the services of an attorney should be obtained. Not every situation is the same.