Disclosures

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§4777 - Notice of Pesticide Application

  1. For the purposes of this section:
    1. “Adjacent separate interest” means a separate interest that is directly beside, above, or below a particular separate interest or the common area.
    2. “Authorized agent” means an individual, organization, or other entity that has entered into an agreement with the association to act on the association’s behalf.
    3. “Broadcast application” means spreading pesticide over an area greater than two square feet.

§4041 - Owner Contact Information

  1. An owner of a separate interest shall, on an annual basis, provide written notice to the association of all of the following:
    1. The address or addresses to which notices from the association are to be delivered.
    2. An alternate or secondary address to which notices from the association are to be delivered.

2016 Legislation - SB 918 - Member Contact Information for Notices

Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments, which are managed by homeowners’ associations. This bill would require the owners of the separate interests in a common interest development to annually provide the association with specified written information for the purpose of receiving notices from the association.

§4050 - Receipt of Documents

  1. This section governs the delivery of a document pursuant to this act.
  2. If a document is delivered by mail, delivery is deemed to be complete on deposit into the United States mail.
  3. If a document is delivered by electronic means, delivery is complete at the time of transmission. 

§4045 - General Delivery of Notice

  1. If a provision of this act requires "general delivery" or "general notice," the document shall be provided by one or more of the following methods:
    1. Any method provided for delivery of an individual notice pursuant to Section 4040.
    2. Inclusion in a billing statement, newsletter, or other document that is delivered by one of the methods provided in this section.

§4040 - Individual Delivery or Notice

  1. 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:
    1. 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.

HOA Transfer Fee Laws for Selling or Transferring Property

When a homeowners association decides to sell or transfer property, HOA transfer fee laws are in place to ensure full disclosure of documents between the real estate company and the homeowners association. The Davis-Stirling Act states that an HOA must disclose certain documents but allows the association to charge reasonable fees for the transferring of the documents

The New Davis-Stirling: Annual Reports and Disclosures

Civil Code sections §5300 and §5310 require an Annual Budget Report and Annual Policy Statement, respectively, to be delivered to all association members on an annual basis, replacing the existing budget and disclosure requirements under the current Davis-Stirling Act.

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