Civil Code §4040. Individual Document Delivery

California Civil Code  >   Part 5. Common Interest Developments (Davis-Stirling Common Interest Development Act)  >  Chapter 1. General Provisions  > Article 1. Preliminary Provisions  >  Civil Code §4040. Individual Document Delivery

(Effective through December 31, 2022)

(a)  If a provision of this act requires that an association  deliver a document by “individual delivery” or “individual notice,” the document shall be delivered by one of the following methods:

(1)  First-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier. The document shall be addressed to the recipient at the address last shown on the books of the association.

(2)  Email, facsimile, or other electronic means, if the recipient has consented in writing or by email, to that method of delivery. The consent may be revoked, in writing or by email, by the recipient.

(b)  Upon receipt of a request by a member, pursuant to Section 5260, identifying a secondary address for delivery of notices of the following types, the association shall deliver an additional copy of those notices to the secondary address identified in the request:

(1)  The documents to be delivered to the member pursuant to Article 7 (commencing with Section 5300) of Chapter 6.

(2)  The documents to be delivered to the member pursuant to Article 2 (commencing with Section 5650) of Chapter 8, and Section 5710.

(c)  For the purposes of this section, an unrecorded provision of the governing documents providing for a particular method of delivery does not constitute agreement by a member to that method of delivery.

(d) This section shall remain in effect only until January 1, 2023, and as of that date is repealed. [2021]

(Effective January 1, 2023)

(a) (1) 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 in accordance with the preferred delivery method specified by the member pursuant to Section 4041.

(2) If the member has not provided a valid delivery method pursuant to Section 4041, the association shall deliver the document by first-class mail, registered or certified mail, express mail, or overnight delivery by an express service carrier addressed to the recipient at the address last shown on the books of the association.

(b) Upon receipt of a request by a member identifying a secondary email or mailing address for delivery of notices, pursuant to Section 5260, the association shall deliver an additional copy of both of the following to the secondary address identified in that request:

(1) The documents to be delivered to the member pursuant to Article 7 (commencing with Section 5300) of Chapter 6.

(2) The documents to be delivered to the member pursuant to Article 2 (commencing with Section 5650) of Chapter 8 and Section 5710.

(c) For the purposes of this section, an unrecorded provision of the governing documents providing for a particular method of delivery does not constitute agreement by a member to that method of delivery.

(d) This section shall become operative on January 1, 2023. [2021]

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