Electronic Transmissions
SUMMARY

In lieu of receiving hardcopy of documents/notices from our HOA, you may be able to receive them by electronic means (E-mail, Website, etc), providing that the following rules are followed.
Opt-In Consent from Members - Select Form here and return to Office  per Instructions
Opt-Out Consent from Members - Select Form here and return to Office per Instructions
 
 
Following are the  descriptions of the California Civil Codes which we follow for compliance.
(Civil Code links credited to Davis-Sterling.com)
 
 
 
ELECTRONIC NOTICE & RECORDS
Many notices, disclosures and documents may be delivered electronically to any member who has agreed to that method of delivery.
 
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. Code §20.) If a document is delivered by electronic means, delivery is complete at the time of transmission. (Civ. Code §4050(c).)
 
WRITTEN CONSENT REQUIRED.
Before an association can electronically distribute documents, it must receive the recipient's written consent. (Civ. Code §4040(a)(2).) The consent must comply with all the requirements of Corporations Code §20, which includes a clear written statement to the recipient as to:
  •     any right of the recipient to have the record provided or made available on paper or in non-electronic 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.
 
 Associations may distribute documents and disclosures electronically; otherwise, all documents must be distributed by "First-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier." (Civ. Code §4040.)
 
ELECTRONIC DELIVERY DEFINED.
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. Code §20.) If a document is delivered by electronic means, delivery is complete at the time of transmission. (Civ. Code §4050(c).)
 
FORM OF CONSENT.
The Act does not mandate a particular form for the consent except that it be written. An email qualifies as written consent. (Civ. Code 1633.7.) The email can be printed by the association and stored in a file or it can be stored electronically. Even so, associations are allowed to create their own consent forms. Lawyers like to include disclosure language about how the consent remains effective until such time as it is revoked in writing.
 
DISCLOSURE CHECKLIST
Each year, associations must distribute an "Annual Budget Report" and an "Annual Policy Statement" as described on this Link.    Upon written consent of members, associations may distribute documents and disclosures electronically.
 
DOCUMENTS TABLE.
Select the Disclosure Checklist to view the required and optional documents delivered to membership, eather by hardcopy (USPS) or by Electronic delviery.