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HOA- REQUIRED Policy Statement - Association

POLICY STATEMENT

ANNUAL DISCLOSURES

California Civil Code

Sections 4000-5985

The California State Legislature reorganized and codified the California Civil Codes pertaining to Community Associations, which became

effective January 1, 2014. The California Civil Code requires that associations disclose and distribute certain documents, regulations, and policies to its members on an annual basis. Enclosed for your information are certain documents required to be disclosed:

1. Alternative Dispute Resolution Procedure Disclosure (Civil Code §5925-5965)

2. Architectural Control Disclosure (Civil Code §5310(a) (10), 4765)

3. Budget Pro Forma Operating Report – Draft (Civil Code §5300(b) (1))

4. Collection Policy (Civil Code §5310(a) (6), 5650, 5730)

5. Emergency Meeting Via Electronic Transmission (Civil Code §4923)

6. Financial Statement Disclosure (Civil Code §5305)

7. Insurance Disclosure (Civil Code §5300(b) (9))

8. Internal Dispute Resolution Disclosure (Civil Code §5310(a) (9), 5920, 5965)

9. Minutes of Meetings - Executive Session Board Meetings (Civil Code §4920)

10. Minutes of Meetings - Open Session Board Meetings (Civil Code §4920)

11. Reserve Summary Disclosure (Civil Code §5300(b) (2), 5565)

12. Right to Receive Minutes Disclosure (Civil Code §5310(a) (5), 4950(a)

13. Rule Change Intention to Adopt - Notice (Civil Code §4360(a, c))

14. Transmission of Documents by E-mail (Civil Code §4040, 4045)

Alternative Dispute Resolution Disclosure

(Civil Code §5925-5965)

California Civil Code § 5925 requires Alternative Dispute Resolution (hereinafter ADR) as opposed to litigation in certain Association and Owner disputes. This Notice merely provides a summary of the statute. If there is a dispute which may require ADR, pursuant to the statute, please review all the provisions of the statute or seek your independent legal counsel.

  • Parties Bound By The Statute

The parties required to comply with the new statute are the Association (through the Board of Directors) and any owners of record.

  • Disputes Subject To The Statute (Qualifying Disputes)

Section 5930 provides that the Association and Owners shall endeavor to submit disputes related to the enforcement of the governing documents to ADR. Where, however, an owner has a private dispute with another owner or a tenant, or the Board has a dispute with a third part such as a landscaper, such a dispute is not within the confines of the statute.

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