DISCLOSURE CHECKLIST

Following is a summary of disclosure requirements. Please refer to the statutes for more complete information.

AT BUDGET TIME
(30 to 90 days prior to start of fiscal year)

Budget. 30 to 90 days prior to the start of the association's fiscal year, publish a pro forma budget

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

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)

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)

Right to Annual Report. Associations must notify members of their right to receive a financial report. Corp. Code §8321

Architectural Procedures. Disclose those things that require architectural approval and the procedures used for reviewing architectural applications. Civil Code §1378

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)

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)

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

1 - 120 Days After the Start of the Fiscal Year

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)

Annually

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

Hazardous Materials. Notify members of known hazardous materials such as asbestos. Health & Safety Code §25915.2

Manager Certification. Disclose various matters regarding the manager, including the certification status of the manager.

Disclose 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(c)

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)

Books and Records. Disclose records to the membership upon request as provided for by statute. See menu of disclosures on your left.

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

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

Fine Policy. Associations must give notice of any changes in their fine policy. Civil Code §1363(g)

Reserve Transfers for Litigation. Notify members in next available mailing of any transfers from reserves to pay for litigation. Civil Code §1365.5(d)

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

Updated 8/9/2008

 
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