E-mail-only policy doesn’t fly

Question: My homeowner association board of directors uses e-mail to communicate with owners whether the owner wants to communicate that way or not. Even though I have an e-mail address, I do not own a computer. On occasion, I go to the library or a friend’s house to access the Internet and my e-mail. The board keeps telling me they sent me an e-mail and if I didn’t get it, then that’s my problem. I rarely receive the board transmissions, so I’ve asked them to stop e-mailing me. I want only hard-copy communications, but the board refuses, saying they can send out notices in any medium they want. Is that true?

Answer: Not exactly. The only time a board may communicate with a titleholder by electronic means is when the titleholder notifies the board in writing that he or she wants to receive information in the manner requested. Absent that written request, the board must communicate in one of the other ways permitted by Civil Code section 1350.7, which titleholders should review very carefully. It is the owner’s responsibility to be aware of them and request a particular method of delivery.

Absent that request by the owner that notices be sent by e-mail, such notices are invalid.

Any actions taken by the board that may affect you personally based on the e-mail notice are also invalid. Titleholders should make their preferred method of delivery known in writing to the board in a way that is well documented.

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Davis-Stirling Act, in print or online

Question: Where can I get a printed version of the Davis-Stirling Act?

Answer: You can request a hard copy directly from your local senator or assemblyperson. The official version can also be found at www.leginfo.ca.gov. Click on “California Law” and search the Civil Code for sections 1350 to 1378.

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Questions may be e-mailed tonoexit@mindspring.com.