If you live in a community governed by an HOA and you are the owner of the property (separate interest), the State Legislature wants to make sure you receive the notices from your HOA.
To accomplish that legislative goal Civil Code § 4041 was adopted and effective January 1,2017. The new statute mandates that the owner of the property (separate interest) shall provide written notice to the association of all of the following:
(1) The address or addresses to which notices from the association are to be delivered.
(2) An alternate or secondary address to which notices from the assciation are to be delivered.
(3) The name and address of his or her 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.
(4) Whether the separate interest is owner-occupied, is rent out, if the parcel is developed but vacant, or if parcel is undeveloped land.
The duties of the Association mandated under the new statute are:
(a) Solicit the notices and contact information mandated from the owner.
(b) All mandatory information required must be received and entered in the Association data at least 30 days prior to the mandatory disclosure required of the Association. (Civil Code § 5300)
If an owner failes to provide the mandated information, the property address shall be deemed to be the address to which notices are to be delivered. The problems that may arise for an owner who fails to provide the required contact information can be numerous. A few examples, (i) failure to receive a violation notice, (ii) failure to receive documents such a new, proposed Rules, (iii) failure to receive notices of meetings, HOA dues increases, or other important materials. Arguably, the owner could not complain or raise an objection to any action taken because the owner did not receive the notice at the proper address.
The above information is to acquaint you with the new law but is not legal advice or opinion. For additional information or assistance, please contact Ariel Bedell, an attorney and owner at The Loftin Firm, P.C.