01/04/2022
Todays Real Estate News:
New Law 2022
HOA's Homeowner's Associations
Owners: Notices and delivery of documents
Requires an association to communicate with homeowners via email, if that is the homeowner’s preferred method for communication, SB 392 requires an association to communicate with homeowners via email if that is the homeowner's preferred method of communication (for notices that are required to be delivered individually under the Davis-Sterling Act).
Under prior law, an association was required to deliver documents to its members through mail, fax, or electronic delivery (email). But delivery of documents to homeowners via email was at the option of the association. This meant that an association could choose to deliver various notices in hard copy only. However,electronic document delivery is more cost-effective and reduces negative environmental impacts.
SB 392 requires the following:
For notices under the Davis-Sterling Act that must be delivered by "individual delivery” or "individual notice"
1) Associations must communicate with homeowners via email, if that is the homeowner’s preferred method for communication, and
2) Property owners, not the association, are entitled to choose their two preferred communication methods.
In particular, the annual budget report, annual policy statements and notices regarding assessments or delinquencies, among others, are notices that must be delivered "individually," and thus, the homeowner may require that they receive these notices via email.
For notices under the Davis-Sterling Act that require "general delivery" or "general notice," the association may place general notices on the association’s website if the association maintains an internet website for the purpose of distributing information on association business to its members. Or the association may communicate its general notices through various other means.
Senate Bill 392is codified as Civil Code §§4041, 4045, 4055, 5200, 5220, 5230, 5260, 5310 and 5320
Effective January 1, 2022. However, the portion of the law mandating email delivery of notices at the option of the homeowner becomes effective January 1, 2023.