Document & Notice Delivery Methods

Delivery from an Association to a Member
The Davis-Stirling Act mandates that certain association documents and notices be delivered to its members via specified delivery methods. Those methods include (1) “individual delivery” or “individual notice,” and (2)  “general delivery” or “general notice.”

“Individual Delivery” or “Individual Notice”
When a document or notice must be delivered to a member by “individual delivery” or “individual notice”, an association must send the document or notice by one of the following methods:

  • First class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express carrier. The document must be addressed to the recipient at the address last shown on the books of the association. (Civ. Code § 4040(a)(1).)
  • Email, facsimile, or other electronic means (if the member has given written consent for electronic delivery).(Civ. Code § 4040(a)(2).) Electronic delivery is discussed further below.

Below are some examples of documents and notices that must to be delivered to members by individual delivery:

Member Request for Secondary AddressCivil Code Section 5260 allows for a member to have additional copies of certain notices delivered to a secondary address of the member upon receipt of a member’s written request for the same. The notices which must be delivered to the secondary address include those pertaining to the annual budget report, annual policy statement, financial disclosures and assessment delinquencies. (See Civ. Code § 4040(b).)

Electronic Delivery – When a particular document or notice must be delivered by individual delivery or individual notice, Civil Code Section 4040(a)(2) allows for the document/notice to be delivered by electronic means (i.e, E-mail or facsimile), provided that the member has consented, in writing, to that method of delivery. (Civ. Code § 4040(a)(2).) If a document/notice is delivered by electronic means, delivery is complete at the time of transmission. (Civ. Code § 4050(c).)

“General Delivery” or “General Notice”
When a document or notice must be delivered by general delivery or general notice, an association must send the document or notice by one or more of the following methods:

  • Any method provided for delivery by individual delivery or individual notice. (Civ. Code § 4045(a)(1).)
  • Inclusion in a billing statement, newsletter, or other document that is delivered by one of the methods provided in Civil Code Section 4045.(Civ. Code § 4045(a)(2).)
  • Posting the printed document in a prominent location that is accessible to all members, if the location has been designated for the posting of general notices by the association in the annual policy statement. (Civ. Code § 4045(a)(3).)
  • If the association broadcasts television programming for the purpose of distributing information on association business to its members, by inclusion in the programming. (Civ. Code § 4045(a)(4).)

Below are some examples of documents and notices that can be delivered to members by general delivery:

Right to Receive General Notices by Individual Delivery – A member may issue a written request to the association to have all general notices delivered to that member be given by individual delivery instead. (Civ. Code § 4045(b).) The option to receive general notices by individual delivery must be described in the association’s annual policy statement. (Civ. Code § 4045(b).)

Delivery from a Member to an Association
If a provision of the Davis-Stirling Act requires that a document be delivered to an association, the document must be delivered to the person designated in the association’s annual policy statement to receive documents on behalf of the association. (Civ. Code § 4035(a).) Any such document may be delivered to the association by any of the following methods:

  • By email, facsimile, or other electronic means, if the association has assented to that method of delivery. (Civ. Code § 4035(b)(1).)
  • By personal delivery, if the association has assented to that method of delivery. If the association accepts a document by personal delivery, the association must provide a written receipt acknowledging delivery of the document.  (Civ. Code § 4035(b)(2).)
  • By first-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service center. (Civ. Code § 4035(b)(3).)

The following documents/requests must be submitted to the association in writing pursuant to Civil Code Section 4035:

When a Document is Deemed Delivered
When a document is delivered by mail, delivery is deemed to be complete on deposit into the United States mail. (Civ. Code § 4050(b).) When a document is delivered by “electronic means” (i.e., E-mail), the delivery is complete at the time of the transmission. (Civ. Code § 4050(c).)

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