Today's Law As Amended


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SB-261 Common interest developments: governance.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 4040 of the Civil Code is amended to read:

4040.
 (a) (1)  If a provision of this act requires that  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. document shall be delivered by one of the following methods: 
(2) (1)  If the member has not provided a valid delivery method pursuant to Section 4041, the association shall deliver the document by first-class mail,  First-class mail, postage prepaid,  registered or certified mail, express mail, or overnight delivery by an express service carrier  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.
(b) Upon receipt of a request by a member  member, pursuant to Section 5260,  identifying a secondary email or mailing  address for delivery of notices, pursuant to Section 5260, notices of the following types,  the association shall deliver an additional copy of both of the following  those notices  to the secondary address identified in that 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 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 become operative on January 1, 2023.

SEC. 2.

 Section 4360 of the Civil Code is amended to read:

4360.
 (a) The board shall provide general notice pursuant to Section 4045 of a proposed rule change at least 28 days before making the rule change. The notice shall include the text of the proposed rule change and a description of the purpose and effect of the proposed rule change. Notice is not required under this subdivision if the board determines that an immediate rule change is necessary to address an imminent threat to public health or safety or imminent risk of substantial economic loss to the association.
(b) A decision on a proposed rule change shall be made at a board meeting, after consideration of any comments made by association members.
(c) As soon as possible after making a rule change, but not more than 15 days after making the rule change, the board shall deliver general notice pursuant to Section 4045 of the rule change. If the rule change was an emergency rule change made under subdivision (d), the notice shall include the text of the rule change, a description of the purpose and effect of the rule change, and the date that the rule change expires.
(d) If the board determines that an immediate rule change is required to address an imminent threat to public health or safety, or an imminent risk of substantial economic loss to the association, it may make an emergency rule change, and no notice is required, as specified in subdivision (a). An emergency rule change is effective for 120 days, unless the rule change provides for a shorter effective period. A rule change made under this subdivision may not be readopted under this subdivision.