The Davis-Stirling Common Interest Development Act, requires an association to deliver documents to members of a common interest development, if those documents are required to be delivered by individual delivery or notice, by either first-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier or by email, facsimile, or other electronic means, if the recipient has consented, in writing or by email, to receive documents by that electronic means.

This bill would amend Civil Code Section 4041 to instead require, on and after January 1, 2023, an association to deliver those documents by email unless the member has not provided a valid email address to the association or has revoked consent to receiving documents by email, in which case the association would be required to deliver the documents by traditional mail, as described above. The bill would require an association to deliver those documents either by email or traditional mail, at its discretion, if ²/₃ of the members approve. The bill would require an association to annually notify each member that by providing an email address to the association, the member agrees that communication between the member and the association shall be conducted by email.

The bill would also amend Civil Code Section 4040 to require an association to make a good faith effort to obtain an email address for each member on or before June 1, 2022.

The act also requires an association to provide, by specified means, documents to members that are required to be delivered by general delivery or notice.

This bill would add Civil Code Section 4801 to require an association that manages a common interest development of at least 50 separate interests to maintain an internet website to provide general information to members and would amend Civil Code Section 4045 to authorize an association to satisfy the general delivery requirement described above by posting the document on that internet website. The bill would exempt an association from the requirement to maintain an internet website if ²/₃ of the members approve.