On or before September 1, 2003, and annually thereafter, a person who either provides or contemplates providing the services of a common interest development manager to an association shall disclose to the board of directors of the association the following information:
(a) Whether or not the common interest development manager has met the requirements of Section 11502 so he or she may be called a certified common interest development manager.
(b) The name, address, and telephone number of the professional association that certified the common interest development manager, the date the manager was certified, and the status of the certification.
(c) The location of his or her primary office.
(d) Prior to entering into or renewing a contract with an association, the common interest development manager shall disclose to the board of directors of the association or common interest development whether the fidelity insurance of the common interest development manager or his or her employer covers the current year’s operating and reserve funds of the association. This requirement shall not be construed to compel an association to require a common interest development manager to obtain or maintain fidelity insurance.
(e) Whether the common interest development manager possesses an active real estate license.
This section may not preclude a common interest development manager from disclosing information as required in Section 5375 of the Civil Code.
*Note – As a result of AB 690’s passage, effective January 1, 2018, this section shall be amended to read as follows:
On or before September 1, 2003, and annually thereafter, a person who either provides or contemplates providing the services of a common interest development manager to an association shall disclose to the board of directors of the association the following information:
(a) Whether or not the common interest development manager has met the requirements of Section 11502 so he or she may be called a certified common interest development manager.
(b) The name, address, and telephone number of the professional association that certified the common interest development manager, the date the manager was certified, and the status of the certification.
(c) The location of his or her primary office.
(d) Prior to entering into or renewing a contract with an association, the common interest development manager shall disclose to the board of directors of the association or common interest development whether the fidelity insurance of the common interest development manager or his or her employer covers the current year’s operating and reserve funds of the association. This requirement shall not be construed to compel an association to require a common interest development manager to obtain or maintain fidelity insurance.
(e) Whether the common interest development manager possesses an active real estate license.
(f) A common interest development manager or common interest development management firm shall disclose information required in Section 5375 of the Civil Code.
(g) Whether or not the common interest development manager receives a referral fee or other monetary benefit from a third-party provider distributing documents pursuant to Section 5300 of the Civil Code.
(h) An affirmative written acknowledgment that the disclosure provided to a member or potential member pursuant to Sections 4528 and 5300 of the Civil Code, and all documents provided thereunder, are the property of the association and not its managing agent or the agent’s managing firm.
Related Topics
Related Statutes
- Civil Code Section 5375.5. Manager Conflict of Interest Disclosure.
- AB 690 (Quirk-Silva). Common interest developments: managers: conflicts of interest.
- Business & Professions Code Section 11502.5. CID Manager Education Requirements.
- Business & Professions Code Section 11502. CID Manager Certification.
- Civil Code Section 5375. Prospective Managing Agent Disclosure.
- Civil Code Section 5300. Annual Budget Report.
- Civil Code Section 4528. Document Disclosure Form.
Related Links
AB 690 Signed! New Management Disclosures and Changes to the Escrow Document Disclosure Form – Published on HOA Lawyer Blog (July, 2017)