SB 392 (2021)

§ 4040

This act was the only one to amend this section in that window.

1. (a)removedIf 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:
2. (a)(1)amendedFirst-class mail, postage prepaid, registered If a provision of this act requires an association to deliver a document by “individual delivery” or certified mail, express mail, or overnight “individual notice,” the association shall deliver that document in accordance with the preferred delivery method specified by an express service carrier. The document shall be addressed the member pursuant to the recipient at the address last shown on the books of the association. Section 4041.
3. (a)(2)amendedEmail, facsimile, If the member has not provided a valid delivery method pursuant to Section 4041, the association shall deliver the document by first-class mail, registered or other electronic means, if certified mail, express mail, or overnight delivery by an express service carrier addressed to the recipient has consented, in writing or by email, to that method at the address last shown on the books of delivery. The consent may be revoked, in writing or by email, by the recipient. association.
4. (b)amendedUpon receipt of a request by a member, member identifying a secondary email or mailing address for delivery of notices, 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 both of the following to the secondary address identified in the that request:
5. (b)(2)amended… 2 (commencing with Section 5650) of Chapter 8, 8 and Section 5710.
6. (d)addedThis section shall become operative on January 1, 2023.

§ 4041

This act was the only one to amend this section in that window.

1. (a)amendedAn owner of a separate interest A member shall, on an annual basis, provide written …
2. (a)(1)amendedThe address or addresses to which member’s preferred delivery method for receiving notices from the association are to be delivered. association, which shall include the option of receiving notices at one or both of the following:
3. (a)(1)(A)addedA mailing address.
4. (a)(1)(B)addedA valid email address.
5. (a)(2)amendedAn alternate or secondary address to which delivery method for receiving notices from the association are association, which shall include the option to be delivered. receive notices at one or both of the following:
6. (a)(2)(A)addedA mailing address.
7. (a)(2)(B)addedA valid email address.
8. (a)(3)amendedThe name and name, mailing address, and, if available, valid email address of the owner’s legal representative, if … be contacted in the event of the owner’s member’s extended absence from the separate interest.
9. (b)removedThe association shall solicit these annual notices of each owner and, at least 30 days prior to making its own required disclosure under Section 5300, shall enter the data into its books and records.
10. (b)(1)addedThe association shall solicit the annual notices described in subdivision (a) of each owner and, at least 30 days before making its own required disclosure under Section 5300, shall enter the data into its books and records.
11. (b)(2)addedThe association shall include in the solicitation required by paragraph (1) both of the following:
12. (b)(2)(A)addedNotification that the member does not have to provide an email address to the association.
13. (b)(2)(B)addedA simple method for the member to inform the association in writing that the member wishes to change their preferred delivery method for receiving notices from the association.
14. (c)amendedIf an owner a member fails to provide the notices set forth in paragraphs (1) and (2) of subdivision (a), the last mailing address provided in writing by the owner member or, if none, the property address shall …
15. (d)removedTo the extent that interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code are part of a mixed-use project where those interests comprise a portion of a common interest development, the association, as defined in Section 4040, shall be deemed compliant with this section if, at least once annually, it obtains from the time-share plan association a copy …
16. (d)(1)addedTo the extent that interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code are part of a mixed-use project where those interests comprise a portion of a common interest development, the association, as defined in Section 4080, shall be deemed compliant with this section if, at least once annually, it obtains from the time-share plan association a copy …
17. (d)(2)addedNotwithstanding subdivision (e) of Section 11273 of the Business and Professions Code, the time-share plan association shall provide the list required by paragraph (1) to the association at least annually for this purpose.
18. (e)addedFor the purposes of this section, a valid email address is one that, after a notice is sent, does not result in a bounce or other error notification indicating failure of the message. If the association delivers a notice to a member’s email address and finds that the email address provided is no longer valid, the association shall resend the notice to a mailing or email address identified by the …

§ 4045

This act was the only one to amend this section in that window.

1. (a)(3)amended… by the association in the annual policy statement, statement prepared pursuant to Section 5310.
2. (a)(5)addedIf the association maintains an internet website for the purpose of distributing information on association business to its members, by posting the notice on the association’s internet website in a prominent location that is accessible to all members if designated as a location for posting general notices in the annual policy statement prepared pursuant to Section 5310.
3. (b)amended… shall be described in the annual policy statement, statement prepared pursuant to Section 5310.

§ 5220

This act was the only one to amend this section in that window.

1. amended… the sharing of that member’s name, property address, email address, and mailing address by notifying the … Section 8330 of the Corporations Code. This opt out opt-out shall remain in effect until changed by the member.

§ 5230

This act was the only one to amend this section in that window.

1. (c)(1)addedAn association or its managing agent shall not do either of the following:
2. (c)(1)(A)addedSell a member’s personal information for any purpose without the consent of the member.
3. (c)(1)(B)addedTransmit a member’s personal information to a third party without the consent of the member unless required to do so by law, including, but not limited to, Article 5 (commencing with Section 5200).
4. (c)(2)addedA member may bring an action against an association that violates this subdivision for injunctive relief and actual damages caused by the violation. A member shall be entitled to recover reasonable costs and expenses, including reasonable attorney’s fees, in a successful action to enforce the member’s rights under this subdivision.

Subdivision (c) and everything under it became (d): 1 subdivisions kept their wording and took a new letter.

§ 5260

This act was the only one to amend this section in that window.

1. (b)amendedA request to add or remove a second email or mailing address for delivery of individual notices to the member, pursuant to subdivision (b) of Section 4040.