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Process Servers
Responding to process servers is often a problem for associations with employees stationed at the entry gate of a homeowner association or at the front desk of a condominium highrise. Some associations simply throw away legal documents which have been "dropped" in their laps even though the documents are intended for a resident. This can create liability for the association if the resident suffers adverse consequences as a result of the association's failure to forward the documents.

As provided for in Section 415.21 of the Civil Code, associations must allow process servers onto the property if they identify the person they intend to serve, display a driver's license or other identification, and provide evidence that they are a sheriff's deputy, marshal or registered process server. As a result, associations with manned security gates or buildings with front desk personnel should adopt a policy regarding process servers.

Adams Kessler PLC

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