Common interest developments: document delivery.

Existing law, the Davis-Stirling Common Interest Development Act, requires an association to deliver documents to members of a common interest development, if those documents are required to be delivered by individual delivery or notice, by either first-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier or by email, facsimile, or other electronic means, if the recipient has consented, in writing or by email, to receive documents by that electronic means. This bill would instead require, on and after January 1, 2023, an association to deliver those documents in accordance with the preferred delivery method specified by the member or, if the member has not provided a preferred delivery method, by traditional mail, as described above. The act requires an owner of a separate interest to annually provide certain written notice to the association, including the address or addresses to which notices from the association are to be delivered, an alternate or secondary address, and the address of the owner's legal representative, if any. The act requires the association to solicit that notice, as provided. This bill would instead require a member to provide the member's preferred delivery method for receiving notices and an alternate or secondary delivery method for receiving notices, and would require the association to include the options of receiving notice by mail, by a valid email address, or both. The bill would require a member to provide a valid email address, if available, of the owner's legal representative, if any, and would define the term "valid email address." The bill would require an association to include certain items in the required solicitation of notice described above, including that the member does not have to provide an email address to the association. Existing law specifies the methods by which an association may provide a document when a provision of the act requires "general delivery" or "general notice," including posting the printed document in a prominent location accessible to all members if designated for the posting of general notices by the association in its annual policy statement. This bill would include posting the notice on the association's internet website among the authorized delivery methods if this method is so designated by the association in its annual policy statement. The act prohibits association records, and any information from them, from being sold, used for a commercial purpose, or used for any other purpose not reasonably related to a member's interest as a member. This bill would prohibit an association or its managing agent from transmitting a member's personal information to a third party without the consent of the member unless required to do so by law, as specified. This bill would also make conforming and nonsubstantive changes. This bill would incorporate additional changes to Section 5200 of the Civil Code proposed by SB 432 to be operative only if this bill and SB 432 are enacted and this bill is enacted last.