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Section 4041 of the Davis-Stirling Act requires homeowners to annually disclose their current mailing address and their HOA to annually solicit the same. These important disclosure and solicitation requirements help ensure associations can effectively communicate with their constituent members, a necessary aspect of good governance.
Senate Bill 392 amended Section 4041 to instead provide that owners must disclose their “preferred delivery method,” which must include the options of receiving notices at a mailing address, an email address, or both. The bill also amended Section 4040 to provide that HOAs must deliver all individual notices by each member’s preferred method.
Senate Bill 392 amended Section 4041 to instead provide that owners must disclose their “preferred delivery method,” which must include the options of receiving notices at a mailing address, an email address, or both. The bill also amended Section 4040 to provide that HOAs must deliver all individual notices by each member’s preferred method.
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Section 5200(c) of the Davis-Stirling Act defines “association election materials” as the “returned ballots, signed voter envelopes, [voter list], proxies, and … candidate registration list.”
Section 5125 provides that association election materials “shall at all times be in the custody of the inspector … or at a location designated by the inspector … until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association.” Section 5145 requires election challenges to be brought within one year, so Section 5125 is generally interpreted as requiring inspectors to maintain custody for one year then transfer the association election materials to the HOA.
Section 5125 provides that association election materials “shall at all times be in the custody of the inspector … or at a location designated by the inspector … until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association.” Section 5145 requires election challenges to be brought within one year, so Section 5125 is generally interpreted as requiring inspectors to maintain custody for one year then transfer the association election materials to the HOA.