At the beginning of this year, new legislation revised the disclosure requirements included in California civil code sections 1350.7 and 1365.2.5. Following is a very brief summary of these changes.   

First, the legislation added a new civil code section and disclosure form, (1363.005; Disclosure Documents Index). This document itemizes the HOA's disclosure requirements to its members with reference to the applicable civil code for each.

Next, the changes permit the HOA to deliver any of the documents specifically listed in the Disclosure Document Index, (see top of next page), to a member by alternative means, including electronic delivery methods like email, provided, however, that the member has agreed to that method of delivery beforehand via written consent.

The required consent agreement must be consistent with the manner for obtaining consent described in Corporations Code 20, which has some very specific requirements concerning the content of the consent form as well as recordkeeping practices.