SB-981 (Archuleta) Common interest developments: document delivery.

Would require an association to provide individual delivery by email. Would also require an association of at least 50 units to maintain a website to provide general information to the membership.

Current Status: Dead

FindHOALaw Quick Summary:

Existing law requires the owner of a separate interest in a common interest development to provide an annual written notice to the association managing the common interest development with specified information. Existing law requires the association to solicit this annual notice from each owner and enter the data into its books and records.
Most likely a spot bill, this bill would make nonsubstantive changes to Civil Code Section 4041.
**This bill was amended on April 8, 2020 to require, on and after January 1, 2022, an association to deliver documents by email and to require an association with 50 or more units at least 50 separate interests to maintain an internet website to provide general information to members.
Section 4040 is added to the Civil Code, to read:
4040.

 (a) Subject to subdivisions (b) and (d), 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 by email.

(b) If a provision of this act requires an association to deliver a document by “individual delivery” or “individual notice,” an association shall, instead of complying with paragraph (1) of subdivision (a), deliver the document by first-class mail, registered or certified mail, express mail, or overnight delivery by an express service carrier if either of the following is true:
(1) The member has not provided a valid email address to the association.
(2) The member has revoked the member’s consent to receiving documents by email.
(d) If two-thirds of the members approve, an association shall deliver a document subject to this section by any means described in subdivision (a) or (b), at its discretion.
(e) This section shall become operative on January 1, 2022.
Section 4801 is added to the Civil Code, to read:
4801.

 (a) (1) Subject to subdivision (b), an association shall maintain an internet website to provide general information to its membership if the common interest development it manages consists of 50 or more separate interests.

(2) The internet website required by this subdivision shall be maintained by a person designated by the association, including, but not limited to, any of the following:

(A) A volunteer member of the association.
(B) A real estate licensee, as defined in Section 10014 of the Business and Professions Code.
(C) A person contracted by the association to provide association management services, as defined in Section 11500 of the Business and Professions Code.
(b) An association may choose not to comply with subdivision (a) if that noncompliance is approved by two-thirds of the members.
Share:
View more info on SB 981
from the California Legislature's website