Starting January 1, 2010, many notices, disclosures and documents may be delivered electronically to
any member who has agreed to that method of delivery.
Written Consent Required.
an association can electronically distribute documents, notices and
disclosures described above, it must receive the recipient's written consent. (Civ. Code §4040(a)
.) 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, facsimile,
or other electronic means." (Civ. Code §4040(a)(2)
.) 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. (Civ. Code §4050(c)
: Associations needing legal assistance can contact us
To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter