Faxed or electronic signatures are acceptable for minutes, meeting notices, and waivers of notice. (Corp. Code § 7211, § 7511, § 7513.)
Defined. An electronic signature, also known as a digital signature, is an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. (Civ. Code § 1633.2(h).) A signature may not be denied legal effect or enforceability solely because it is in electronic form. And, if a law requires a signature, an electronic signature satisfies the law. (Civ. Code § 1633.7.)
UTEA. The Uniform Electronic Transactions Act (UETA) has been adopted by over 20 states, including California (Civil Code §§ 1633.1 to 1633.17). J.B.B. Investment Partners, Ltd. v. Fair (2014) 232 Cal.App.4th 974. The court ruled that the requirements of the UETA must each be met before an electronic signature can be given legal effect.
Electronic signatures and acknowledgments can only be used if the signature and/or acknowledgment can be authenticated and a copy of the authentication and process can be produced upon request.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.
