Section 4040 - Individual Delivery Procedures

(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) E-mail, 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) [...]

(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.

Section 4050 - Effective Date of Delivery

(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.

Section 1350.7 - Document Delivery Methods

(a)    This section applies to delivery of a document listed in Section 1363.005 or to the extent the section is made applicable by another provision of this title.

(b)    A document shall be delivered by one or more of the following methods:

(1)    Personal delivery.
(2)    First-class mail, postage prepaid, addressed to a member at the address last shown on the books of the association or otherwise provided by the member.  Delivery is deemed to be complete on deposit into the United States mail.
(3)    E-mail, facsimile, or other electronic means, if the recipient has agreed to that method of delivery.  The agreement obtained by the association shall be consistent with the conditions for obtaining consumer consent described in Section 20 of the Corporations Code.  If a document is delivered by electronic means, delivery is complete at the time of transmission.
(4)    By publication in a periodical that is circulated primarily to members of the association.
(5)    If the association broadcasts television programming for the purpose of distributing information on association business to its members, by inclusion in the programming.
(6)    A method of delivery provided in a recorded provision of the governing documents.
(7)    Any other method of delivery, provided that the recipient has agreed to that method of delivery.

(c)    A document may be included in or delivered with a billing statement, newsletter, or other document that is delivered by one of the methods provided in subdivision (b).

(d)    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 of the association to that method of delivery.

Changes

4040 §1350.7
(a)  This section applies to delivery of a document listed in Section 1363.005 or to the extent the section is made applicable by another provision of this title.
(a)  If a provision of this act requires that an association deliver a document by "individual delivery" or "individual notice," the (b) A document shall be delivered by one or more of the following methods:
(1)  Personal delivery.
(2)  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 a memberthe recipient at the address last shown on the books of the association or otherwise provided by the member.  Delivery is deemed to be complete on deposit into the United States mail.
(2)(3)  E-mail, facsimile, or other electronic means, if the recipient has agreed consented, in writing, to that method of delivery. The consent may be revoked, in writing, by the recipient.
(b)  [...]
(c)(d)  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.

4050 (1350.7.) (b) (3)E-mail, facsimile, or other electronic means, if the recipient has agreed to that method of delivery.  The agreement obtained by the association shall be consistent with the conditions for obtaining consumer consent described in Section 20 of the Corporations Code.  If     (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.