Associations are required to distribute, at the request of any member, a “Disclosure Documents Index” in the form prescribed by Civil Code §1363.005. Upon written consent of members, associations may distribute some documents electronically; otherwise, all documents need to be distributed in paper form.

30 to 90 days - Prior to Start of Fiscal Year (At Budget Time)
Budget. Publish a budget or summary of the budget.
Collection Policy. Disclose (i) the association's policies & practices in enforcing lien rights or other legal remedies for collecting delinquent assessments, (ii) standards for payment plans, (ii) owners' right to a secondary address for collection notices, and (iv). owners' right to dispute charges.
Dispute Resolution. Distribute a description of the association's internal dispute resolution process and distribute a summary of the code sections that encourages the use alternative dispute resolution.
Insurance. Distribute a summary of the association's insurance.
Minutes. Notify members of their right to receive minutes of board meetings.
Reserves. Provide a summary of the reserves and a reserve funding plan.
Security. Although not required, associations should annually notify members they are responsible for their own safety and security.
30 to 60 days
Assessments. Not less than 30 nor more than 60 days prior to any increase in regular assessments or special assessments, give notice of the increase.
120 days - After Start of Fiscal Year
Financial Statement. Distribute a financial statement.
Annually
Architectural Procedures. Disclose those things that require architectural approval and the procedure used for reviewing architectural applications.
Hazardous Materials. Notify members of known hazardous materials such as asbestos. H&S Code §25915.2.
Manager Certification. Managers must disclose to the board their certification status.
Secretary of State
Secretary of State Filing. Every association, whether incorporated or unincorporated must file statements of information with the Secretary of State.
As-Needed
Assessment Increases. Notify members, not less than 30 days nor more than 60 days prior to the increased assessment, of any special assessment or any increase in the regular assessments. Civil Code §1366(d).
Board Meetings. Give 4-day notice of board meetings. For emergency meetings give as much notice as possible.
Books and Records. Allow inspection of books and records. Disclose in advance, any copying costs that will be billed to the requesting party.
Borrowing from Reserves. Disclose both intent to borrow as well as actual borrowing from reserves. Any delays in repayment of monies borrowed from reserves also requires disclosure to the membership. Civil Code §1365.5(c)(2).
Construction Defects. Disclose (i) any agreements with the developer; (ii) any defects needing correction or replacement, (iii) an estimate of when defects will be corrected or replaced, and (iv) which defects will not be corrected or replaced. "Defects" includes damage resulting from the defects. Civil Code §1375.1.
Election Results. Publish the results of membership elections (special assessments, amendments, board elections, etc.).
Escrow Disclosures. Within 10 days of written request by a unit owner, provide information and documents to seller or seller's agent for escrow disclosures.
Fine Policy. Give notice of any changes in the association's fine policy.
Insurance Changes. Notify members if insurance policies are canceled and not immediately replaced or if there are any significant changes.
Lawsuits. Give notice of lawsuits when appropriate.
Lender Foreclosures. Boards should record a blanket "Request for Notification" of lender foreclosures so the association will know who to bill for assessments.
Litigation Expenses. Prepare an accounting of litigation expenses on at least a quarterly basis and make it available for inspection by members. Civil Code §1365.5(d).
Management Change. Within 60 days of a change in management, file a notice with the Secretary of State. Civil Code §1363.6.
Member Discipline. Give notice of disciplinary hearings and the results of those hearings.
Membership Meetings. Publish notice of membership meetings.
Rule Changes. Give advance notice of proposed rule changes.
Transaction with Officer or Director. Provide notice of any transaction between the association and a director involving more than $50,000.
Unlawful Restrictions. Provide cover page for CC&Rs containing language prohibiting discriminatory restrictions. See statute for specific language and size of type-font. Gov. Code §12956.1.
Workplace Hazards. Notify employees of workplace hazards. Labor Code §6401.7.

ASSISTANCE: For assistance preparing disclosures, contact us. To stay current on changes in the law affecting disclosure requirements, subscribe to the Davis-Stirling Newsletter.