“As two disabled people, my wife and I rely heavily on electronic means to obtain information, whether it be from the web or through email. It’s 2021 and with the pandemic hopefully nearing its end, we would expect our HOA to provide information electronically. However, our HOA refuses to do so, as they don’t have a website and the on-site manager still uses an outdated @aol.com email address that treats emails as spam. This is not only frustrating, but it also seems like a waste of resources. The Board is made up of seniors who don’t use computers at all and seem disinterested in changing their ways. We believe it would be cheaper for the HOA to stop mailing out paper documents to those who don’t want them, and instead provide the option for electronic communication. Any tips for getting them to change their ways?”
SB-392 was introduced in the California State Senate in 2021. The bill aimed to amend several sections of the Civil Code relating to common interest developments, specifically addressing the electronic delivery of documents and member notices.
The bill proposed to require that common interest developments provide members with the option to receive documents and notices electronically, including any disclosures, statements, or reports required by law or governing documents. Members would also be able to provide their consent to receive electronic documents and notices, and could revoke their consent at any time.
Additionally, the bill proposed that common interest developments adopt a policy for the electronic delivery of documents and notices, which would include procedures for verifying the validity of electronic signatures and ensuring the confidentiality and security of electronic documents.
SB-392 was signed into law on October 7th! Beginning January 1, 2023, it will be much easier for members of common interest developments, including those who are disabled and rely on electronic communication, to receive important information and participate in the HOA decision-making processes.
I understand that waiting over a year can be hard. Perhaps if you provide this information to your Board and manager and ask if they will voluntarily agree to adhere to the law early, you might get what you’re looking for. Until then, they aren’t breaking the law as none existed…until now.
Some members may want to continue receiving or start receiving paper notices. That right remains. Here’s a refresher.