55-515.3 - Use of technology.
§ 55-515.3. Use of technology.
A. Unless the declaration expressly provides otherwise, (i) any noticerequired to be sent or received or (ii) any signature, vote, consent, orapproval required to be obtained under any declaration or bylaw provision orany provision of this chapter may be accomplished using the most advancedtechnology available at that time if such use is a generally acceptedbusiness practice. This section shall govern the use of technology inimplementing the provisions of any declaration or bylaw provision or anyprovision of this chapter dealing with notices, signatures, votes, consents,or approvals.
B. Electronic transmission and other equivalent methods. The association, lotowners, and those entitled to occupy a lot may perform any obligation orexercise any right under any declaration or bylaw provision or any provisionof this chapter by use of any technological means providing sufficientsecurity, reliability, identification, and verifiability. "Acceptabletechnological means" shall include without limitation electronictransmission over the Internet, or the community or other network, whether bydirect connection, intranet, telecopier, or electronic mail.
C. Signature requirements. An electronic signature meeting the requirementsof applicable law shall satisfy any requirement for a signature under anydeclaration or bylaw provision or any provision of this chapter.
D. Voting rights. Voting, consent to and approval of any matter under anydeclaration or bylaw provision or any provision of this chapter may beaccomplished by electronic transmission or other equivalent technologicalmeans provided that a record is created as evidence thereof and maintained aslong as such record would be required to be maintained in nonelectronic form.
E. Acknowledgment not required. Subject to other provisions of law, no actionrequired or permitted by any declaration or bylaw provision or any provisionof this chapter need be acknowledged before a notary public if the identityand signature of such person can otherwise be authenticated to thesatisfaction of the executive organ.
F. Nontechnology alternatives. If any person does not have the capability ordesire to conduct business using electronic transmission or other equivalenttechnological means, the association shall make reasonable accommodation, atits expense, for such person to conduct business with the association withoutuse of such electronic or other means.
G. This section shall not apply to any notice related to an enforcementaction by the association, an assessment lien, or foreclosure proceedings inenforcement of an assessment lien.
(2010, c. 432.)