Epsten, APC

Nothing in the act that added this part shall be construed to invalidate a document prepared or action taken before January 1, 2014, if the document or action was proper under the law governing common interest developments at the time that the document was prepared or the action was taken. For the purposes of this section, “document” does not include a governing document. [2013 – New language]

Unless a contrary intent is clearly expressed, a local zoning ordinance is construed to treat like structures, lots, parcels, areas, or spaces in like manner regardless of the form of the common interest development. [2013 – Based on former §1372]

 (a) If a provision of this act requires that a document be delivered to an association, the document shall be delivered to the person designated to receive documents on behalf of the association, in a written notice delivered by the association to members by individual delivery. If notice of this designation has not been given, the document shall be delivered to the president or secretary of the association.

 (b) A document delivered pursuant to this section may be delivered by any of the following methods:

  (1) First-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier.

  (2) By email, facsimile, or other electronic means, if the association has assented to that method of delivery.

  (3) By personal delivery, if the association has assented to that method of delivery. If the association accepts a document by personal delivery it shall provide a written receipt acknowledging delivery of the document. [2013 – New language]

 (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, to that method of delivery. The consent may be revoked, in writing, by the recipient.

 (b) 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. [2013 – Based on former §§1350.7, 1365.1(c) & 1367.1(k)]

 (a) This section governs the delivery of a document pursuant to this act.

 (b) If a document is delivered by mail, delivery is deemed to be complete on deposit into the United States mail.

 (c) If a document is delivered by electronic means, delivery is complete at the time of transmission. [2013 – Based on former §1350.7(b) (2) & (3)]

Division, part, title, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this act. [2013 – Based on former §1350.5]

This part shall be known, and may be cited, as the Commercial and Industrial Common Interest Development Act. In a provision of this part, the part may be referred to as the act.  [2013 – Based on former §1350]