SB 392（2021年） — 對§§ 4040、4041、4045及另外5條的修改

§ 4040

在該期間內，只有本法案修訂了本條。

1. (a)刪除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:
2. (a)(1)修訂First-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)修訂Email, 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)修訂Upon 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)修訂… 2 (commencing with Section 5650) of Chapter 8, 8 and Section 5710.
6. (d)增訂This section shall become operative on January 1, 2023.

§ 4041

在該期間內，只有本法案修訂了本條。

1. (a)修訂An owner of a separate interest A member shall, on an annual basis, provide written …
2. (a)(1)修訂The 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)增訂A mailing address.
4. (a)(1)(B)增訂A valid email address.
5. (a)(2)修訂An 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)增訂A mailing address.
7. (a)(2)(B)增訂A valid email address.
8. (a)(3)修訂The 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)刪除The 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)增訂The 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)增訂The association shall include in the solicitation required by paragraph (1) both of the following:
12. (b)(2)(A)增訂Notification that the member does not have to provide an email address to the association.
13. (b)(2)(B)增訂A 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)修訂If 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)刪除To 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)增訂To 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)增訂Notwithstanding 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)增訂For 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

在該期間內，只有本法案修訂了本條。

1. (a)(3)修訂… by the association in the annual policy statement, statement prepared pursuant to Section 5310.
2. (a)(5)增訂If 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)修訂… shall be described in the annual policy statement, statement prepared pursuant to Section 5310.

§ 5220

在該期間內，只有本法案修訂了本條。

1. 修訂… 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

在該期間內，只有本法案修訂了本條。

1. (c)(1)增訂An association or its managing agent shall not do either of the following:
2. (c)(1)(A)增訂Sell a member’s personal information for any purpose without the consent of the member.
3. (c)(1)(B)增訂Transmit 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)增訂A 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.

(c)款及其下所有內容改為(d)款：1處分項文字不變，只改用新的字母編號。

§ 5260

在該期間內，只有本法案修訂了本條。

1. (b)修訂A 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.

§ 5310

在該期間內，只有本法案修訂了本條。

1. (a)(2)修訂… to two different specified addresses, pursuant to subdivision (b) of Section 4040.
2. (a)(3)修訂The location, if any, designated for posting of a general notice, pursuant to paragraph (3) of subdivision (a) of Section 4045.

§ 5320

在該期間內，只有本法案修訂了本條。

1. (a)修訂… one of the following documents to all members, members by individual delivery pursuant to Section 4040:
2. (a)(2)修訂A summary of the report. The summary shall include report that includes, on the first page, a general description of the content of the report. Instructions on report and instructions, printed in at least 10-point boldface type, regarding how to request a complete copy of the report at no cost to the member shall be printed in at least 10-point boldface type on the first page of the summary. member.