Old Civil Code Section 1367.1(k)

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) 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.

Old Civil Code Section 1367.1(k)

(k) Upon receipt of a written request by an owner identifying a secondary address for purposes of collection notices, the association shall send additional copies of any notices required by this section to the secondary address provided. The association shall notify owners of their right to submit secondary addresses to the association, at the time the association issues the pro forma operating budget pursuant to Section 1365. The owner's request shall be in writing and shall be mailed to the association in a manner that shall indicate the association has received it. The owner may identify or change a secondary address at any time, provided that, if a secondary address is identified or changed during the collection process, the association shall only be required to send notices to the indicated secondary address from the point the association receives the request.

Changes

Changes Made By Section 4040

(k) (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 written request by an owner a member, pursuant to Section 5260, identifying a secondary address for purposes delivery of collection notices of the following types, the association shall send deliver an additional copies copy of any those notices required by this section to the secondary address provided. identified in the request: (1) The association shall notify owners of their right documents to submit secondary addresses be delivered to the association, at the time the association issues the pro forma operating budget member pursuant to Article 7 (commencing with Section 1365 5300) of Chapter 6. (2) The owner's request shall documents to be in writing and shall be mailed delivered to the association in 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 manner particular method of delivery does not constitute agreement by a member to that shall indicate the association has received it method of delivery. The owner may identify or change a secondary address at any time, provided that, if a secondary address is identified or changed during the collection process, the association shall only be required to send notices to the indicated secondary address from the point the association receives the request.