ELECTRONIC TRANSMISSIONS/TECHNOLOGY

Other than a written document or by voting at a meeting, can an association use the most advanced technology, including e-mail or the internet to provide notice to members of member and/or board meetings?

Notice of meetings may be given via email or electronically if the consumer consent requirements of Corporations Code section 20 are fulfilled.

May an association hold member votes and elections entirely via email and the internet”?

No. Voting must be conducted by written secret ballot. Email or online voting is not authorized. (Civil Code §1363.03)

May an association obtain the electronic signatures of members via email?

Signatures for proxies may be obtained telephonically “or otherwise;” it is unclear whether this means an email signature is permissible. (Civil Code §1363.03)

With respect to annual disclosures, may an association send them via email or post them on the internet with access to the members?

Associations may, at the request of a member and with consent, provide certain documents listed on the Disclosure Documents Index by electronic delivery. (See Civil Code §§1350.7, 1363.005)