Notices and Disclosures
Notices and disclosures are similar but not identical. One deals with what must be disclosed, the other with how to make the disclosure. Associations are required to disclose a number of things to the membership such as the presence of asbestos, how they plan to fund their reserves, their Rules Enforcement Policies, and their Delinquency, Lien, and Collection Policy.
The Davis-Stirling Act sets forth how disclosures must be made as well as alerting the membership to upcoming events. Some notices must be made annually while others are made as needed. There are two forms of notice, general notices and individual notices.
General Notices. If a provision of the Davis-Stirling Act requires "general delivery" or "general notice", such as board meetings, the document may use one or more of the following methods (Civil Code Section 4045):
- Any method provided for delivery of an individual notice pursuant to Section 4040.
- Inclusion in a billing statement, newsletter, or other document that is delivered by one of the methods provided in this section.
- Posting the printed document in a prominent location that is accessible to all members, if the location has been designated for the posting of general notices by the association in the annual policy statement, prepared pursuant to Section 5310.
- If the association broadcasts television programming for the purpose of distributing information on association business to its members, by inclusion in the programming.
Individual Delivery. If a provision of the Davis-Stirling Act requires that an association deliver a document by "individual delivery" or "individual notice", the document shall be delivered by one of the following methods (Civil Code Section 4040 (a)):
- First class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier. The document must be addressed to the recipient at the address last shown on the books of the association.
- E-mail, facsimile, or other electronic means, if the recipient has consented, in writing, to that method of delivery. The consent may be revoked, In Writing, by the recipient.
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