§ 53 – Discriminatory Provisions on Ownership or Use of Real Property Void

(a) This section applies to delivery of a document to the extent the section is made applicable by another provision of this title.

(b) A document shall be delivered by one or more of the following methods:

  1. Personal delivery.
  2. First-class mail, postage prepaid, addressed to a member at the address last shown on the books of the association or otherwise provided by the member. Delivery is deemed to be complete on deposit into the United States mail.
  3. E-mail, facsimile, or other electronic means, if the recipient has agreed to that method of delivery. If a document is delivered by electronic means, delivery is complete at the time of transmission.
  4. By publication in a periodical that is circulated primarily to members of the association.
  5. If the association broadcasts television programming for the purpose of distributing information on association business to its members, by inclusion in the programming.
  6. A method of delivery provided in a recorded provision of the governing documents.
  7. Any other method of delivery, provided that the recipient has agreed to that method of delivery.

(c) A document may be included in or delivered with a billing statement, newsletter, or other document that is delivered by one of the methods provided in subdivision (b).

(d) For the purposes of this section, an unrecorded provision of the governing documents providing for a particular method of delivery does not constitute agreement by a member of the association to that method of delivery.

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