Notice Requirements and Membership Lists in California HOAs

Question:

I was hoping you might be able to clarify the notice to member requirements re an HOA annual budget which in California requires “Individual Delivery” or “Individual Notice” to a Member, although its unclear as to whether the name of each individual member and their delivery address needs to be affixed to the notices, and/or whether the mailing information should be maintained in the client file.

– Denise

 

Answer:

Hi Denise,

California law does not make it expressly clear whether or not an HOA must address the annual budget notice to individual members. That said, if you have the resources to do so, it is best that you do. However, you should also check your CC&Rs and bylaws for any additional requirements.

As for maintaining mailing information, Corp. Code Section 8320 states that corporations must keep a record of their members’ names and addresses. Additionally, members must provide their contact information to their associations on an annual basis (as per Civil Code § 4041).

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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