Section § 11504

Explanation

This law requires anyone who provides or plans to provide services as a common interest development manager to disclose certain information to the board of directors of the association. This disclosure includes confirming their certification status, details about their certifying association, their office location, and whether their insurance covers the association's funds. They must also share if they have an active real estate license, follow specific Civil Code requirements, and disclose any financial benefits from document distribution. Finally, they must acknowledge in writing that certain disclosure documents belong to the association, not the manager.

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)CA Business & Professions Code § 11504(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)CA Business & Professions Code § 11504(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)CA Business & Professions Code § 11504(c) The location of his or her primary office.
(d)CA Business & Professions Code § 11504(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)CA Business & Professions Code § 11504(e) Whether the common interest development manager possesses an active real estate license.
(f)CA Business & Professions Code § 11504(f) A common interest development manager or common interest development management firm shall disclose information required in Section 5375 of the Civil Code.
(g)CA Business & Professions Code § 11504(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)CA Business & Professions Code § 11504(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.