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Section 4041 of California Davis-Stirling Act

dvc_john

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Just got my notice of this. To me it's just a big bother. Just wondering if anyone actually replies to this. It says that if you don't they just continue to use the address on file, which in my case hasn't changed in decades. I wouldn't even know how to answer question 4 - I don't occupy my unit and I don't rent it. I use it as destination points.

PS: I only get this notice from Marriott for my Palm Desert resort. I don't get it for my DVC resort at Disneyland.

Section 4041 of the California Davis-Stirling Act requires owners of separate interests in a common interest development in California to annually provide written notice to the association of certain information for the purpose of receiving notices from the association. This information needs to be provided by the owner annually, in writing, to the association regardless of whether the owner’s address has changed or not from the prior year. The information to be provided must include:

1. Address or addresses to which notices from the association are to be delivered.
2. Alternate or secondary address to which notices from the association are to be delivered.
3. Name and address of the owner’s legal representative, if any, including any person with power of attorney or other person who can be contacted in the event of the owner’s extended absence from the separate interest.
4. Whether the separate interest is owner-occupied, is rented out, if the parcel is developed but vacant, or if the parcel is undeveloped land.

With respect to the information requested in item #4 above, please note that a “separate interest” is defined in the California Davis-Stirling Act as a separately owned unit in a condominium project. Since you own a timeshare interest in the Shadow Ridge Condominium project, you should check either “owner-occupied” or “rented out” for item #4, depending on your actual usage of your timeshare interest.

In connection with the requirements set forth in section 4041 of the California Davis-Stirling Act, the below link will take you to a copy of a response card that you can use to provide this required information. Please print the response card, complete and return to:

Marriott Vacation Club
310 Bearcat Drive
Salt Lake City, Utah 84115

The completed response card may also be returned by faxing the form to 801-663-7193, scanning a PDF of the form to Annual Required Mailing or returning a copy, in person, directly to the condominium project General Manager.
 
Funny, I only get it for Newport Coast. Not for our Westin in Palm Springs.


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We got the notice for Palm Desert. They have cited Section 4041 of Davis-Sterling Act, however, if you actually read that section, there is no such requirement. It is only required if your address changes, otherwise they will use the last address provided. We sent an email to the contact name, including the entire code, and told them to change their postcard. Yes, too much time on our hands. He actually responded, did not acknowledge their error, but said the legislation ends this year. We will ignore any future postcard, and should we get one, will again ask that they stop spending our money sending them out.
 
We got the notice for Palm Desert. They have cited Section 4041 of Davis-Sterling Act, however, if you actually read that section, there is no such requirement. It is only required if your address changes, otherwise they will use the last address provided. We sent an email to the contact name, including the entire code, and told them to change their postcard. Yes, too much time on our hands. He actually responded, did not acknowledge their error, but said the legislation ends this year. We will ignore any future postcard, and should we get one, will again ask that they stop spending our money sending them out.

Good to know. Thanks for posting this. It also might explain why it seems that only Marriott is sending these notices, and not other timeshares.
 
We got the notice for Palm Desert. They have cited Section 4041 of Davis-Sterling Act, however, if you actually read that section, there is no such requirement. It is only required if your address changes, otherwise they will use the last address provided. We sent an email to the contact name, including the entire code, and told them to change their postcard. Yes, too much time on our hands. He actually responded, did not acknowledge their error, but said the legislation ends this year. We will ignore any future postcard, and should we get one, will again ask that they stop spending our money sending them out.

Yes, and if you read the notice, it agrees. It says right on it that if you fail to return it, your last address will be used. There is no need to return it as you say.

According to Bill Gunderson at Palm Desert, this is the last year they are sending it out.
 
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