California Statement of Information

If the HOA is truly in violation of the biannual requirement, then I would expect the SoS will catch up to this and ultimately suspend the corporation. Seeing suspended corporations at SoS sites is not uncommon.

One can certainly call or email the SOS and ask about reporting a delinquent corporation et cetera, per https://www.sos.ca.gov/administration/contact-information

Reference: https://www.davis-stirling.com/HOME/Statutes/Civil-Code-5405

They will place the ass0ciation in suspension. If suspended by the FTB, you be in deep doo-doo.

That may depend on what else is going on in the office (and given what's going on in LA right now, I suspect this isn't a high priority right now).

Nonetheless, if the paperwork hasn't been filed, you could call the office and see if there's a penalty for late filing. If so, compel the rest of the board to get this done, pay the late fee and keep it moving.

Thank you, Shelia. We have LA friends with losses but we are in Northern CA.

Google can be your friend - here's what I found when I looked up "do non-profits need D & O insurance"

"Yes, nonprofits need directors and officers (D&O) insurance. D&O insurance protects nonprofit leaders from lawsuits and allegations of wrongdoing. It also helps protect the organization's mission and assets.

Why nonprofits need D&O insurance:

* Protects leaders: D&O insurance protects nonprofit leaders from lawsuits and allegations of wrongdoing.
* Protects the organization: D&O insurance helps protect the organization's mission and assets.
* Helps recruit board members: D&O insurance can help nonprofits attract community leaders and business executives to serve on their board.
* Helps cover legal costs: D&O insurance helps cover defense costs, settlements, and judgments.

What D&O insurance covers

* Fiduciary malfeasance
* Wrongful termination claims
* Mismanagement
* Neglect
* Breach of duty
* Employment practices liability (EPLI)
* Cyber/privacy liability

What other steps nonprofits can take:

*Develop a risk management plan
* Consider adding other coverages based on the organization's size and scope"

That last paragraph could be useful for any HOA, in my opinion.

You shouldn't be guessing if you have D & O insurance - get a copy of your association's master policy and read it. Take a look at your documents to remind yourself what the association is responsible for and what assets it has, then talk to your insurance carrier and association about other things the board can do to reduce the association's risk. An internet search isn't the end of doing your due dilligence -

CathyA3's blanket statement is no longer valid.

Decades ago the common law (case law) said unincorporated associations were not a legal entity, hence they could not enter into contracts. This is no longer necessarily the case. For one, several states have adopted the Uniform Unincorporated Nonprofit Association Act. The latter has specific provisions for D&O insurance For another, it appears there are work-arounds to get officers and directors insured.

If you want to know exactly what California says about insurance and unincorporated associations, ask.

"Exactly"?

I will give you a huge start. No charge.

First see California Corporations Code, Title 3 "Unincorporated Associations," https://casetext.com/statute/california-codes/corporations-code-corp/title-3-unincorporated-associations-18000-240015. This statute section says a //great// deal about insurance and indemnifications for associations like yours.

Second the California Civil Code says that the Davis-Stirling Act applies to unincorporated associations and incorporated associations alike, as long as the other criteria for common area (or "common interests") are met. Certain provisions of the D-S Act require certain insurance. See the D-S Act at 5800 to 5810, https://www.davis-stirling.com/HOME/Statutes/Davis-Stirling-Act-Civil-Codes

AstridL, I did say "exactly." I apologize.