CO N N EC T I N G T H E D OT S E X P E R T I N S I G H T S I N T O H O M E O W N E R C O M M U N I C AT I O N S By Karyn A. Larko, Esq.
The Davis-Stirling Common Interest Development Act (California Civil Code (“CC”) §§4000-6150) mandates that certain association communications be provided to members by individual delivery and permits other communications to be provided by general delivery. This article explores the distinctions.
INDIVIDUAL DELIVERY
shown on the association’s records for the
board election process if the board
In accordance with Civil Code §4040 and
member by first-class mail, registered or
wants the option of electing directors
§4041, individual delivery is the delivery
certified mail, express mail, or overnight
of a communication in keeping with the
delivery.
by acclamation. • Hearing and post-hearing notices (although these notices may also be
preferred delivery method(s) specified by the member in response to the association’s
If a member has never responded to a 4041
delivered personally).
annual request for member contact
Solicitation or submitted their contact
information.
information to the association, individual
It is important to know that the Civil Code
delivery is achieved by sending the
imposes additional delivery requirements
As of January 1, 2023, §4041 requires
communication to the member’s on-site
for some communications. For example,
associations to solicit from each member
property address.
a member can request that the annual budget report and policy statement and
that member’s contact information and preferred method(s) for receiving
Communications that must be provided
certain communications pertaining to
association communications via individual
by individual delivery include, but are not
delinquent assessments be sent to as many
delivery (“4041 Solicitation”). Each member
limited to:
as four different mail or email addresses
is entitled to request that communications be sent to the member at one or two specified mailing addresses, one or two specified email addresses, or at a specified mailing address and a specified email address. If a member has not responded to the
• The annual budget report and policy statement. • Notice of an assessment increase or
or a combination of the two. Additionally, it mandates that certain delinquency communications be sent via certified mail.
special assessment. • Notice of a lapse, cancelation, nonrenewal, or significant change in the
GENERAL DELIVERY
association’s insurance.
In accordance with §4045, general delivery
• Notice of a newly adopted fine unless
is achieved by:
association’s most recent 4041 Solicitation,
the new fine was included in the most
• Individual delivery.
individual delivery is achieved by sending
recent policy statement.
• Inclusion of the communication in a
the communication to the last address
4 The Law Journal Winter 2023 | cacm.org
• Certain notices are required during the
billing statement, newsletter, or other
