2010 Disclosure Index for California Condo Guru

2010 Disclosure Index

Effective January 1, 2010, a new law came into effect which provides for a Disclosure Index which must be made available to members. Below is the statute and the "Disclosure Index" form:

1363.005. DISCLOSURE INDEX. The association shall, at the request of any member, distribute to the member, in the manner described in Section 1350.7, the following Disclosure Documents Index:

Disclosure Documents Index

ITEM	DESCRIPTION	REFERENCE CODE
1	Assessment and Reserve Funding Disclosure Summary (form)	Civil Code Sec. 1365.2.5
2	Pro Forma Operating Budget or Pro Forma Operating Budget Summary	Civil Code Sec. 1365(a)
3	Assessment Collection Policy	Civil Code Sec. 1365(e) and 1367.1(a)
4	Notice/Assessments and Foreclosure (form)	Civil Code Sec. 1365.1
5	Insurance Coverage Summary	Civil Code Sec. 1365(f)
6	Board Minutes Access	Civil Code Sec. 1363.05(e)
7	Alternative Dispute Resolution (ADR) Rights (summary)	Civil Code Sec. 1369.590
8	Internal Dispute Resolution (IDR) Rights (summary)	Civil Code Sec. 1363.850
9	Architectural Changes Notice	Civil Code Sec.1378(c)
10	Secondary Address Notification Request	Civil Code Sec. 1367.1(k)
11	Monetary Penalties Schedule	Civil Code Sec. 1363(g)
12	Reserve Funding Plan (summary)	Civil Code Sec. 1365(b)
13	Review of Financial Statement	Civil Code Sec. 1365(c)
14	Annual Update of Reserve Study	Civil Code Sec. 1365(a)

As for getting consent of owners to receive these documents by email, see the type of informed EMAIL CONSENT FORM below. A simple written consent is not enough. Certain attestations must be made.

[Below is an example of a sample "Email Consent Form" that I believe should be acceptable under the statute.]

EMAIL CONSENT FORM - [Per Section 1350.7 of the Civil Code]

To Members: by signing this form, you will be saving the association printing and mailing costs. At the same time, you will be agreeing to accept email notices instead of mailed notices for items that would otherwise be provided by mail (those specifically named below). It is up to you to notify the association whenever your email address changes, and to settle with other owners of your unit or lot on one email address for communications related to your property.

Before signing this form, we wish to inform you that:

1. You will retain the right to request to have the documents transmitted in paper or other non-electronic form; and
2. The consent applies only to all of the items listed below; and
3. In order to withdraw consent or change the email address on file, you must submit to the Secretary of the Corporation a written request to revoke consent or change the email address

***

I, the undersigned owner, hereby give consent to ____[ASSOCIATION NAME] _________to provide notices of the following items via email as an alternative to mail notices (all numbered references are to the Civil Code):

Assessment and Reserve Funding Disclosure Summary (form (1365.2.5),	Pro Forma Operating Budget or Pro Forma Operating Budget Summary (1365(a))
Assessment Collection Policy (1365(e))	Statutory "Notice/Assessments and Foreclosure" (1365.1 form)
Insurance Coverage Summary (1365(f))	Board Minutes Access (1363.05)
Alternative Dispute Resolution (ADR) Rights (summary) (1369.590)	Internal Dispute Resolution (IDR) Rights (summary) (1363.850)
Architectural Procedures and Processes (1378(c))	Secondary Address Notification Request (1367.1)
Monetary Penalties Schedule (1363(g))	Reserve Funding Plan (or summary)(1365.5(b))
Review of Financial Statement (1365(c))	Annual Update of Reserve Study, Disclosure Index (1365(a)).

[CONSIDER MEETING NOTICES AND ASSESSMENT NOTICES ETC. BUT NOT COV'D BY STATUTE get attorney advice on it.]

I certify that I am an owner of the property described below and that all owners of the property at the address listed below have authorized me to provide this written consent and the email address for communications on their behalf, which is:

_______________________________________________________________.
[TYPE OR PRINT EMAIL ADDRESS CLEARLY PLEASE]

This consent shall remain in effect until revoked in writing. I understand that my signature must be authentic, either by returning an original signed document to the association or by affixing an authenticated digital signature to it and returning it by email.

Dated:______________	_______________________________________________ [Owner Signature]
	Printed Name:___________________________________
	Property Address:________________________________
	City/State/Zip:___________________________________

[WARNING: I do not suggest using this consent form without advice from the association's attorney. Attorneys have differing opinions on what is acceptable and advisable under the statute. And there are things a board should know when deciding to use this form. There are extra duties like keeping 2 notice lists (those that opt in and those that opt out, extra work and paying management for keeping two lists, the risks because of the wording of the pertinent statute, etc. ]

** And for much more information about the laws related to disclosures, and all legal requirements for HOAs, see THE DAVIS STIRLING ACT IN PLAIN ENGLISH in the Webstore.