Starting January 1, 2010, many notices, disclosures and documents may be delivered electronically to
any member who has agreed to that method of delivery.Unrevoked Consent Required.
an association can electronically distribute documents, notices and
disclosures described above, it must receive the recipient's unrevoked
written consent. The consent must comply with all the requirements of Corporations
, which includes a clear written statement to the recipient as to:
Electronic Delivery Defined.
- any right of the recipient to have the record provided or made
available on paper or in nonelectronic form,
whether the consent
applies only to that transmission, to specified categories of
communications, or to all communications from the corporation, and
the procedures the recipient must use to withdraw consent.
The Davis-Stirling Act defines electronic delivery to mean "email
or other electronic means." (Civ. Code §1350.7(b)(3)
.) Other electronic means include posting on an
electronic message board or network which the association has designated
for those communications, together with a separate notice to the
recipient of the posting. (Corp.
.) If a document is delivered
by electronic means, delivery is complete at the time of transmission.
As provided for in Civil
, the following documents may be distributed to members electronically, subject to their individual approval:
- Assessment & Reserve Funding Disclosure Summary (form),
- Pro Forma Operating Budget or Pro Forma Operating Budget Summary,
- Assessment Collection Policy,
- Notice/Assessments and Foreclosure (form),
- Insurance Coverage Summary,
- Board Minutes Access,
- Alternative Dispute Resolution (ADR) Rights (summary),
- Internal Dispute Resolution (IDR) Rights (summary),
- Architectural Changes Notice,
- Secondary Address Notification Request,
- Monetary Penalties Schedule,
- Reserve Funding Plan (summary),
- Review of Financial Statement, and
- Annual Update of Reserve Study.
In addition, as provided for in Civil
Code §1357.130 and §1357.140, the following may also be distributed electronically:Board Meetings.
Email notice of board meetings has not been directly addressed by the statute. However, case law
can be applied to the issue.Records Inspection
. Inspecting the association's books and records in electronic form
is a separate issue.