|Chapter: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |||General Provisions|
|Article: 1 | 2 |||Preliminary Provisions|
|Section: 4000 | 4005 | 4010 | 4020 | 4035 | 4040 | 4041 | 4045 | 4050 | 4055 | 4065 | 4070 ||
Section 4040 - Individual Delivery Procedures (changes in brown effective 1/1/23 per 2021 legislation)
(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. 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.
(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, pursuant to Section 5260, identifying a secondary email or mailing address for delivery of notices of the following types,, pursuant to Section 5260, the association shall deliver an additional copy of both of the followingthose notices to the secondary address identified in that the 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(d) This section shall remain in effect only until January 1, 2023, and as of that date is repealed become operative on January 1, 2023.
This section is referenced in Sections: 4041, 4045, 4153, 4230, 4275, 4620, 4785, 5205, 5260, 5305, 5310, 5320, 5450, 5615, 5810, 5850, and 5855
First Enacted: Old CID Section 1350.7 and 1367.1(k)
Amended: Statutes of 2012, Chapter 180; Statutes of 2018, Chapter 836; Statutes of 2021, Chapter 640
Similar to: CI-CID Section 6514