Notice vs Disclosure
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NOTICE vs DISCLOSURE

Notice and disclosure requirements are related but different. One deals with what must be disclosed, the other with how.

Disclosure Defined. Associations are required to disclose a large number of things to the membership such as the presence of asbestos, how they plan to fund their reserves, their rules enforcement policies, etc. See "Disclosure Checklist" for a list of all the disclosures.

Notice Defined. The Davis-Stirling Act specifies how disclosures must be made as well as alerting the membership to upcoming events  Some notices must be done annually while others are as-needed. There are two forms of notice, general and individual.

1.  General Notice. If a provision of this act requires “general delivery” or “general notice,” (such as board meetings), the document may use one or more of the following methods (Civ. Code §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.

2.  Individual Delivery. If a provision of this 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 (Civ. Code §4040(a)):

  • First-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier. The document shall 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.

Notice Period. See "Notice Period Defined" for questions about how to count days for giving notice.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC