Notice Requirements (California)

The Davis-Stirling Act establishes detailed notice requirements for virtually every type of association communication, codified primarily in Civil Code Sections 4040 through 4045 (delivery methods) and throughout the Act for specific activities. There are two primary delivery methods: individual notice and general notice. Individual notice (Section 4040) must be delivered to each member personally, by first-class mail, or by email if the member has opted in to electronic delivery, and is required for the most important communications such as assessment increases, disciplinary hearings, and election materials. General notice (Section 4045) may be given by posting in a prominent location within the common area and mailing to members who have requested individual delivery, and is typically sufficient for routine board meeting notices. Specific timing requirements vary by activity: regular board meetings require at least 4 days notice posted in a prominent location; emergency board meetings require notice as soon as practicable; member meetings (annual and special) require 10 to 90 days written notice; election ballots must be mailed at least 30 days before the return deadline; regular assessment increases require 30 days written notice; special assessments require member approval and notice per the election rules; rule changes require 28 days notice with the text of the proposed change; and disciplinary hearings under Section 5855 require at least 10 days notice. For proof of delivery, associations should maintain records of mailing dates, posting locations, and email delivery confirmations. Failure to provide proper notice can invalidate board actions, void assessment increases, and expose the association to legal challenges.