§ 1363.6 - Association Information Statement Submitted To Secretary Of State; Penalty For Non-Compliance
- (a) To assist with the identification of common interest developments, each association, whether incorporated or unincorporated, shall submit to the Secretary of State, on a form and for a fee not to exceed thirty dollars ($30) that the Secretary of State shall prescribe, the following information concerning the association and the development that it manages:
- (1) A statement that the association is formed to manage a common interest development under the Davis-Stirling Common Interest Development Act.
- (2) The name of the association.
- (3) The street address of the association's onsite office, or, if none, of the responsible officer or managing agent of the association.
- (4) The name, address, and either the daytime telephone number or e-mail address of the president of the association, other than the address, telephone number, or e-mail address of the association's onsite office or managing agent of the association.
- (5) The name, street address, and daytime telephone number of the association's managing agent, if any.
- (6) The county, and if in an incorporated area, the city in which the development is physically located. If the boundaries of the development are physically located in more than one county, each of the counties in which it is located.
- (7) If the development is in an unincorporated area, the city closest in proximity to the development.
- (8) The nine-digit ZIP Code, front street, and nearest cross street of the physical location of the development.
- (9) The type of common interest development, as defined in subdivision (c) of Section 1351, managed by the association.
- (10) The number of separate interests, as defined in subdivision (l) of Section 1351, in the development.
- (b) The association shall submit the information required by this section as follows:
- (1) By incorporated associations, within 90 days after the filing of its original articles of incorporation, and thereafter at the time the association files its biennial statement of principal business activity with the Secretary of State pursuant to Section 8210 of the Corporations Code.
- (2) By unincorporated associations, in July of 2003, and in that same month biennially thereafter. Upon changing its status to that of a corporation, the association shall comply with the filing deadlines in paragraph (1).
- (c) The association shall notify the Secretary of State of any change in the street address of the association's onsite office or of the responsible officer or managing agent of the association in the form and for a fee prescribed by the Secretary of State, within 60 days of the change.
- (d) On and after January 1, 2006, the penalty for an incorporated association's noncompliance with the initial or biennial filing requirements of this section shall be suspension of the association's rights, privileges, and powers as a corporation and monetary penalties, to the same extent and in the same manner as suspension and monetary penalties imposed pursuant to Section 8810 of the Corporations Code.
- (e) The Secretary of State shall make the information submitted pursuant to paragraph (4) of subdivision (a) available only for governmental purposes and only to Members of the Legislature and the Business, Transportation and Housing Agency, upon written request. All other information submitted pursuant to this section shall be subject to public inspection pursuant to the California Public Records Act, Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code. The information submitted pursuant to this section shall be made available for governmental or public inspection, as the case may be, on or before July 1, 2004, and thereafter.
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