Niguel Shores Community Association Member’s Agreement to Receive Electronic Notices
To: Niguel Shores Homeowners
Effective January 1, 2010, California legislation was enacted requiring a Community Association to comply with the Federal E-Sign Act when providing electronic notifications to Association members. The E-Sign Act requires that a member ‘consents electronically, or confirms his or her consent electronically, in a manner that reasonably demonstrates that the [member] can access information in the electronic form that will be used to provide the information that is the subject of the consent.’ It further establishes the procedural requirements for the Association and members to comply with the E-Sign Act.
The purpose and effect of the proposed policy and agreement is to comply with these requirements and implement the procedure to be completed by those members who want to receive notifications by e-mail. Members are not required to receive notifications by email.
Not all notices can be sent electronically, as the Civil Code and/or the Association’s Governing Documents may require that some information be posted, sent via mail or personally delivered to members (e.g. Notice of Board Meetings, proposed amendments to CC&Rs).
The Association will only send those notices and disclosures that are permitted to be sent electronically by e-mail. Attached are the ‘Policy Regarding Electronic Notices’ and ‘Member’s Agreement to Receive Electronic Notices’ which the Board plans to adopt at an open Board of Directors meeting. They are being sent to the members for a thirty (30) day review and comment period pursuant to California Civil Code 1357.130(a). Please provide you written comments to the Board of Director.
If you do not know the username and password, please review the member information package or contact the NSCA Office. If you have any troubles logging in or obtaining login information, please email email@example.com.