Effective January 1, 2017, the new Civil Code §
4041, requires an owner of a separate interest in a HOA to provide written
notice to the HOA on an annual basis, presumably to its management company, of the
following information:
1. The address
or addresses to which notices from the HOA are to be delivered:
2. An alternate
or secondary address to which notices from the HOA are to be delivered;
3. The name and
address of an owner's legal representative, if any, including any person with
power of attorney or other person who can be contacted in the event of the
owner's extended absence from the separate interest; and
4. Whether the
separate interest is owner-occupied, is being rented, if the parcel is
developed by vacant, or if the parcel is undeveloped land.
The HOA is now required to solicit this information in annual
notices to each owner, and at least 30 days prior to making certain required
disclosures, enter the data into its books and records.
If an owner fails to provide the information required that is
listed above, the property address shall be deemed by the HOA to be the mailing
address to which notices are to be delivered.
An option for the HOA is to include a written request for
the information on a form request prior to sending out annual disclosures to
owners. If an owner does not provide the
information, the HOA should use the mailing address of the owner as the address
to which notices are to be delivered.
The HOA can also include the requirement of Section 4041 for
an owner to provide the specified information in its rules and regulations, and
conceivably fine owners who do not comply within a reasonable time.
The information can be solicited from new owners as they
take title to the property.
This new law clarifies the method by which HOA's can clarify
an owner's address for serving notice to
an owner, and makes the owner responsible for providing the correct information
regarding where the HOA should send notices.
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