Following is a summary of
disclosure requirements. Please refer to the statutes for more complete information.
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AT BUDGET TIME
(30 to 90 days prior to start of fiscal year) |
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Budget.
30 to 90 days prior to the start of the association's fiscal
year, publish a pro forma
budget |
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Reserves.
Provide in the budget a summary of the
reserves,
a description of the procedures used to calculate reserves, any
deficiencies in the reserves, and a
reserve funding plan |
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Regular/Special Assessments.
Not less than 30 nor more than 60
prior to increase in
regular assessments or
special assessments,
give notice
of the increase
Civil Code §1366(d) |
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Collection Policy. 30 to 90
days prior to start of fiscal year, disclose the association's
policies & practices in enforcing lien rights or other legal
remedies for collecting delinquent assessments.
Civil Code §1365(e);
§1367.1(a)
• Within 60 days prior to start of fiscal year, distribute a
notice of collection rights and duties using the language set
out in
Civil Code §1365.1
•
Notify owners of their right to submit a secondary address for
purposes of collection notices.
Civil Code §1367.1(k) |
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Right to Annual Report. Associations must notify members
of their right to receive a
financial report.
Corp. Code §8321 |
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Architectural Procedures. Disclose those things that
require architectural approval and the procedures used for
reviewing architectural applications.
Civil Code §1378 |
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Insurance. 30 to 90 days before start of fiscal year,
summaries the association's property, general liability,
earthquake and flood, and fidelity
insurance policies, which state the insurer's name, type of
insurance, policy limits, and deductibles. The association must
also notify members if policies are canceled and not immediately
replaced.
Civil Code §1365(f) |
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Right to Minutes. Annually
notify members of their
right to receive draft or final
minutes of open board meetings within 30 days of the
meeting, and how and where those minutes may be obtained.
Civil Code §1363.05(d)(e) |
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Security Issues. Annually include a statement that
members are responsible for their own safety and security. Owners
should take normal precautions such as locking doors, avoiding
dangerous situations, installing alarms, etc.
Recommended |
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1 - 120 Days After the Start of the Fiscal Year |
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Annual Financial Statement. Associations with a gross
annual income of over $75,000 must conduct an
annual review by a licensed California accountant and
distribute the review.
Civil Code §1365(b) |
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Annually |
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Dispute Resolution. Distribute a description of the
association's internal dispute resolution ("IDR") process for internally resolving
disputes between the association and its members. Also
distribute a
summary of the code sections that encourages the use
alternative dispute
resolution ("ADR") methods such as arbitration or mediation
before lawsuits are filed to enforce the governing documents.
Civil Code
§§1369.590;
§1363.850 |
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Hazardous Materials. Notify members of known hazardous
materials such as asbestos.
Health & Safety Code
§25915.2 |
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Manager Certification. Disclose various matters
regarding the manager, including the
certification status
of the manager. |
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Disclose As Needed |
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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(c) |
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Board Meetings. Give 4-day notice of board meetings. For
emergency meetings give as much notice as possible. Give notice by 1st class mail, personal
delivery, or posting in public place.
Civil Code §1363.05(g) |
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Books and Records. Disclose records to the membership
upon request as provided for by statute. See
menu of
disclosures on your left. |
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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 |
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Escrow Disclosures.
Within 10 days of written request by seller, the association must provide, for a
reasonable charge, copies of the governing documents, the most recent annual
financial statement, current and unpaid assessments & fees, notices of
unresolved violations for that property, and any approved assessments which have
not yet been implemented.
Civil Code §1368(b);
§1134 |
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Fine Policy.
Associations must give notice of any changes in their fine
policy.
Civil Code §1363(g) |
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Reserve Transfers for Litigation. Notify members in next
available mailing of any transfers from reserves to pay for
litigation.
Civil Code §1365.5(d) |
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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 |
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Workplace Hazards. Notify employees of workplace hazards.
Labor Code §6401.7 |