(a)
(1) If a provision of this act requires an association to deliver a document by “individual delivery” or “individual notice,” the association shall deliver that document in accordance with the preferred delivery method specified by the member pursuant to Section 4041.
(2) If the member has not provided a valid delivery method pursuant to Section 4041, the association shall deliver the document by first-class mail, registered or certified mail, express mail, or overnight delivery by an express service carrier addressed to the recipient at the address last shown on the books of the association.
(b) Upon receipt of a request by a member identifying a secondary email or mailing address for delivery of notices, pursuant to Section 5260, the association shall deliver an additional copy of both of the following to the secondary address identified in that request:
(1) The documents to be delivered to the member pursuant to Article 7 (commencing with Section 5300) of Chapter 6.
(2) The documents to be delivered to the member pursuant to Article 2 (commencing with Section 5650) of Chapter 8 and Section 5710.
(c) For the purposes of this section, an unrecorded provision of the governing documents providing for a particular method of delivery does not constitute agreement by a member to that method of delivery.
(d) This section shall become operative on January 1, 2023.
Related Topics
Related Statutes
- Civil Code Section 4041. Annual Notice of Owner Contact Information.
- Civil Code Section 5260. Member Requests That Must be in Writing.
- Civil Code Section 4360. Notice of Rule Change.
- Civil Code Section 4153. “Individual Notice” Defined.
- Civil Code Section 4055. Electronic Delivery.
- Civil Code Section 4050. Document Deemed Delivered.
- Civil Code Section 4045. General Delivery or Notice.
Related Links
SB 261 Signed! Changes to Individual and General Notice
Published on HOA Lawyer Blog (9/27/18)