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” to a Member
When a document or notice must be delivered to a member by “individual delivery” or “individual notice”,  the  association must send the document in accordance with the preferred delivery method specified by the member pursuant to Civil Code section 4041. (Civ. Code § 4040(a)(1).)

Section 4041 requires each member to, on an annual basis, specify their preferred delivery method for receiving notices from the association (either at a valid mailing address, or at a valid email address, or both), and an alternative/secondary delivery method for receiving notices. Where a member fails to provide the association with that information, the association is required to use the last mailing address requested in writing by the member for the delivery of notices; if the member has never made such a request, then the association must deliver the notice to the member’s property address. (Civ. Code § 4041(c); See also “Annual Notice & Solicitation of Member Contact Information“.)

Notices Mailed to a Valid Mailing Address. When a notice is to be mailed to a valid mailing address of the member, it must be mailed via first class mail, registered or certified mail, express mail, or overnight delivery by an express service carrier.  (Civ. Code § 4040(a)(2).) Mail delivery of a notice is deemed complete at the time the notice is deposited into the US mail. (Civ. Code § 4050(b).)

Notices Emailed to a Valid Email Address. When a notice is to be mailed to a valid email address specified by the member, it must not result in a bounce or other error notification indicating failure of the message. (Civ. Code § 4040(e); See also “Annual Notice & Solicitation of Member Contact Information“. ) If a notice is sent to a valid email address, delivery is deemed complete at the time of transmission. (Civ. Code § 4050(c).)

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

• The annual budget report or a summary of the annual budget report. (Civ. Code § 5320(a); See also “Annual Budget Report.”)
• The annual policy statement. (Civ. Code §§ 5310(b), 5320(a); See also “Annual Policy Statement.”)
• Notices of disciplinary hearings. (Civ. Code § 5855(a); See also “Notice & Hearing Requirements.”)
• Notice of assessment increases. (Civ. Code § 5615; See also “Limitations on Assessment Increases.”)

Additional Delivery of Certain Notices to a Secondary Address. Civil 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).)

“General Delivery” or “General Notice” to a Member
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).)
• If the association maintains an internet website for the purpose of distributing information on association business to its members, by posting the notice on the association’s internet website in a prominent location that is accessible to all members if designated as a location for posting general notices in the annual policy statement. (Civ. Code § 4045(a)(5).)

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

• Notice of a change to the association’s operating rules. (Civ. Code § 4360; See also “Adopting & Amending Operating Rules.”)
• Notice of board meetings. (Civ. Code § 4920(c); See also “Board Meeting Notice Requirements.”)

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:

• A request to change the member’s information in the association’s membership list. (Civ. Code § 5260(a).)
• A request to add or remove second address for delivery of individual notices to the member. (Civ. Code § 5260(b).)
• A request for individual delivery of general notices to the member, or a request to cancel a prior request for the same. (Civ. Code §5260(c).)
• A request to opt out of the membership list, or a request to cancel a prior request for the same. (Civ. Code § 5260(d).)
• A request to receive a full copy a specified annual budget report or annual policy statement. (Civ. Code § 5260(e).)
• A request to receive all annual budget reports and annual policy statements in full (rather than a summary), or a request to cancel a prior request for the same. (Civ. Code § 5260(f).)

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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