|
Reference |
Action Required |
When |
|
Civ.
Code §1102.6
|
Seller of unit
must disclose to buyer any defects or malfunctions of major systems
in the unit or common area; therefore, the Board needs to keep
owners informed of major defects or malfunctions. |
Continual. |
|
Civ.
Code §1357.130
|
Send written
notice of proposed rule change.
Send written notice of rule
change.
|
At least 30
days before making rule change.
As soon as possible, but not
more than 15 days after making rule change. |
|
Civ.
Code §1363(g) |
If Board adopts a policy
imposing monetary penalties, then it must distribute a schedule of
those penalties to all members. |
When adopted, by personal
delivery or first-class mail and when changes are made. Annually is
strongly recommended. |
|
Civ.
Code §1363(h)
|
When Board is
to meet to consider discipline upon a member.
When Board imposes discipline on
a member.
|
Notice by
personal delivery or first class mail, at least 10 days prior to
meeting.
Notice by
personal delivery or first class mail, within 15 days following the
action. |
|
Civ.
Code §1363.03(e) |
Mail election ballots, two
preaddressed envelopes with instructions. |
By personal delivery or first
class mail, not less than 30 days prior to voting deadline. |
|
Civ.
Code §1363.05(d) |
Upon request, make minutes of
board meetings (or those proposed and marked to indicate draft
status) available to members. |
Within 30 days of the meeting
upon request. |
|
Civ.
Code §1363.05(e) |
Notify members of their right to
have copies of minutes and how and where those minutes may be
obtained. |
Annually when budget is
distributed or any general mailing to the membership. |
|
Civ.
Code §1363.05(g) |
Notify members in writing of the
time and place of meetings (except for emergency meetings) by mail
or posting. |
At least four days notice is
required unless the dates and times are set forth in the bylaws. |
|
Civ.
Code §1365(a) |
Distribute summary of the
association’s reserves and whether special assessments will be
needed for repairs or to replenish reserves. |
Annually with the budget. |
|
Civ.
Code §1365(a)(c) |
Distribute Pro Forma Operating
Budget or Summary of Budget with required notices. |
Annually between 30-90 days
prior to the beginning of the fiscal year, unless the governing
documents state otherwise. |
|
Civ.
Code §1365(b) |
Distribute a review (or audit)
of the association’s financial statement if association’s annual
gross income exceeds $75,000. If association income is between
$10,000 and $75,000, Corp. Code §8321 applies. |
Annually within 120 days of the
close of the fiscal year. |
|
Civ.
Code §1365(d) |
Distribute Assessment Collection
Policy. |
Annually during the 30-90 day
period prior to the beginning of the fiscal year. |
|
Civ.
Code §1365(e)
|
Notify members of the amount and
type of insurance carried by the association and whether or not it
is insured to the minimum levels specified by Civil Code §1365.9.
($2 million liability coverage up to and including 100 units and $3
million over 100 units) |
Annually within 30-90 days prior
to the beginning of the fiscal year. Changes in coverage must also
be disclosed when made. |
|
Civ.
Code §1365.1(a)
|
Distribute “Notice of
Assessments and Foreclosure” to all members. |
By personal delivery or first
class mail during the 60-day period immediately preceding the
beginning of the fiscal year. |
|
Civ.
Code §1365.2.5 |
Distribute Assessment and
Reserve Funding Disclosure Summary to all members. |
Distribute annually with the
annual budget. |
|
Civ.
Code §1365.5(d) |
Notify
all owners when the association uses or transfers any funds from its
reserve account to fund litigation. |
Next
available mailing. |
|
Civ.
Code §1366(d) |
Notify members of any special
assessments or any increase in the regular assessments. |
By first-class mail, not less
than 30 days nor more than 60 days prior to the increased
assessment. |
|
Civ. Code
§1368(a)(b)
|
Provide to a prospective
purchaser governing documents, all occupancy and residency
restrictions, most recent annual financial statement, current
assessments, late charges, interest, any approved regular or special
assessments which have not yet been implemented, a copy of alleged
violations of the governing documents that remain unresolved, a copy
of any preliminary defects provided to members, and any construction
settlement information provided pursuant to §1375.1. |
Within 10 days after a written
request has been mailed. |
|
Civ. Code
§1368.5(a)
|
Notify all
owners before a lawsuit for construction defects is filed.
Notify all owners that a meeting
will take place to discuss construction defects, the possibility of
filing a suit, and all available options.
|
At least 30
days before filing suit against the developer.
At least 30 days prior to filing
a suit against the developer.
|
|
Civ. Code
§1369.590
|
Send
summary of Civil Code §1369.510 through 1369.590 Alternate Dispute
Resolution requirements. |
Annually
when budget is distributed. |
|
Corp. Code §1502
and Civ. Code §1363.5
|
If incorporated, file with the
Secretary of State an Annual Statement providing the association’s
address and managing agent’s name and address. |
Within 90 days of the
corporation’s anniversary date of incorporation. |
|
Corp. Code §8321
|
Notice of
right to receive Annual Report to be distributed if annual gross
income exceeds $10,000. If annual gross income exceeds $75,000 Civil
Code §1365(b) also applies. |
Annually
within 120 days after the close of the fiscal year. |
|
Health & Safety
Code
§25249.6
|
Notify
members of dangerous materials such as asbestos, radon, etc. |
Continual. |
|
Labor Code
§6401.7
|
Notify
employees regarding workplace chemicals and hazards. |
Continual. |