Civ. Code Section 4040

Old Code: 1350.7, 1365.1(c), 1367.1(k)

New Code: 4040

Subject: Individual delivery / individual notice

(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) 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.

Substantive Changes: Notice requirements have been changed in their entirety. Whenever you are required under the Civil Code to give individual notice or deliver via individual delivery, follow the requirements of this Section. We recommend you also consult with your association's legal counsel to ensure compliance with this statute. See also Sections 4035, 4045 and 4050. Note that (b)(1) and (2) above refer to the Association's Annual Budget Report, Annual Policy Statement and notices regarding delinquent assessment collection and foreclosure.