DAVIS STIRLING CIVIL CODE § 4041
Property Owners Mailing Address Information By Heather Blumenthal, Operations Manager AS OF JANUARY 1ST, 2017, every California community
association has been required to ask its members to provide their contact information and property status. Civil Code § 4041 has required, starting January 1st, 2017, that each association must solicit the following information from its members and an owner of a separate interest shall, on an annual basis, 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 association are to be delivered. 3. The name and address of the owner’s 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 rented out, if the parcel is developed but vacant, or if the parcel is undeveloped land.
Although the statute does not mention how often an association must solicit this information, it does state that each member is responsible for providing this information to the association on an annual basis. The association shall solicit these annual notices of each owner and, at least 30 days prior to making its own required “Annual Disclosure”. TKPOA has previously provided this information request for 2020 to its members via the quarterly assessment mailing for the third quarter. If a property owner fails to provide the notices set forth in requirements (1) and (2) above, the last address provided in writing by the owner or, if none, the property address shall be deemed to be the address to which notices are to be delivered. It’s important to note that as long as the Association requests all of the contact information above, Civil Code § 4041 places the responsibility on the property owners to Keys Breeze
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provide their correct and current contact information. Requiring members to provide this information should aid associations in giving notice of meetings or for other required notices as well as with the collection of delinquent assessments as it should help negate the argument that a notice was sent to the wrong address in the future. The Association also utilizes updated information provided on Form 4041 to update the membership list that includes member names, property addresses, mailing addresses, and email addresses that may be requested in writing to the Association. Written requests are submitted to the Association for proper purpose requirements based on Civil Code §5210, §5200 (a) (9). A member of the Association may opt-out of sharing they name, property address, mailing address, and/or email address for these listings by notifying the Association in writing. A membership list opt-out form may be requested from the TKPOA Pavilion Office and is also provided in the Annual Disclosure Mailing. Please contact the TKPOA front desk staff at info@ tahoekeyspoa.org if you have a change of Property Owners Information and would like to request a Change of Address, 4041 Form Information, or Membership List Opt-Out form.
AUGUST 2020
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