Civil Code section 4041 requires every member (every homeowner within the HOA) to provide the HOA each year with information specifying the member’s preferred delivery method for receiving notices from the HOA, the member’s alternate/secondary delivery method for receiving such notices, as well as information relating to the occupancy and development status of the member’s property. Section 4041 requires the HOA to solicit these notices from its members on an annual basis, and during specified timeframes. These requirements are discussed further, below.
Required Annual Notice of Contact Information by Members
On an annual basis, each member must provide the association with written notice of all the following:
- The member’s preferred delivery method for receiving notices from the association. This must include the option of the member receiving notices at a valid mailing address, or at a valid email address, or both. (Civ. Code § 4041(a)(1).)
- An alternate or secondary delivery method for receiving notices from the association. This must include the option of the member receiving notices at a valid mailing address, or at a valid email address, or both. (Civ. Code § 4041(a)(2).)
- The name, mailing address and available email address of the member’s legal representative, if the member has one. This would include any person with a power of attorney for the member or who can be contacted in the event of the member’s extended absence. (Civ. Code § 4041(a)(3).)
- The occupancy and development status of the member’s property. This must specify whether the member’s property is occupied by the member (whether it is “owner-occupied”), whether the member’s property is being rented out, whether the member’s property is developed but vacant, or whether the member’s property is undeveloped land. (Civ. Code § 4041(a)(3).)
Additional Requirements Pertaining to Email Delivery. Section 4041 defines a “valid email address” as “one that, after a notice is sent, does not result in a bounce or other error notification indicating failure of the message.” If an association delivers a notice to a member’s email address which proves to no longer be a “valid email address”, the association must resend the notice to an alternative mailing or email address specified by the member. (Civ. Code §§ 4041(e); 4040.)
Failure of Member to Provide Annual Notice of Contact Information. In the event the member fails to provide the required annual notice of contact information to the association described above, then the association is required to use the last mailing address requested in writing by the member to deliver notices. If the member has never issued a written request to use a specific mailing address, then the association must use the member’s property address within the association’s development for delivery of notices. (Civ. Code § 4041(c).)
Required Solicitation of Member Contact Information by Association
An association is required to solicit the annual notice of member contact information from each member on an annual basis. The solicitation must include both of the following: (Civ. Code § 4041(b)(2).)
- A statement that the member is not required to provide an email address to the association; and
- A simple method for the member to inform the association in writing that the member wishes to change their preferred delivery method for receiving notices.
Requirement to Update Records Prior to Annual Disclosures. The information obtained from members in response to the association’s solicitation of their contact information must be entered into the association’s books and records at least thirty (30) days prior to distributing the association’s annual budget report and annual policy statement. (Civ. Code § 4041(b)(1).)
