Article 1Preliminary Provisions
Section § 4000
Section § 4005
This section states that the headings used in legal documents like divisions, parts, titles, chapters, articles, and sections are just for organization and convenience. They don't change or influence the law's meaning or intent. It's a reminder that the actual text of the law itself is what's important, not these labels.
Section § 4010
This law says that any documents created or actions taken before January 1, 2014, for common interest developments remain valid if they were allowed under the laws at that time. However, it clarifies that when they mention 'document,' they are not talking about governing documents.
Section § 4020
This law says that unless it's specifically stated otherwise, local zoning rules should apply the same way to similar structures and spaces, no matter how the property is organized legally, like in a condo or co-op setting.
Section § 4035
This law explains how to deliver documents to an association. Documents should be sent to the person specified in the association's annual policy, or if no one is specified, to the president or secretary. Documents can be delivered by email, fax, or other electronic means if the association agrees, personally with a receipt, or through various forms of mail.
Section § 4040
Section § 4041
This law requires members of a homeowners' association to give written notice each year about how they prefer to receive communications from the association, either by mail or email. Members can also provide backup methods for receiving notices and must include contact details for a legal representative if they have one. The association is responsible for requesting this information annually and must update its records before making any required disclosures. If a member does not provide updated details, the last known address will be used. The association must also confirm email validity and update any non-working addresses. Special rules apply for associations within mixed-use developments involving time-shares.
Section § 4045
This law section outlines how a document should be delivered if "general delivery" or "general notice" is required. It can be done through various methods such as delivery methods detailed in Section 4040, inclusion in a billing statement or newsletter, posting in a designated location, broadcasting on association TV programming, or posting prominently on an association's website. Additionally, if a member prefers individual delivery, the notice must be delivered according to Section 4040, and this option should be mentioned in an annual policy statement.
Section § 4050
This law section explains how delivering documents works under this act. If you send a document by mail, it's considered delivered when you drop it in the mailbox. If you send it electronically, like through email, it's considered delivered as soon as you hit send.
Section § 4055
This law explains that if an association or member receives information electronically, and it's supposed to be in writing, it's acceptable as long as the recipient can keep or save it. The message isn't considered retainable if the sender has stopped the recipient from printing or storing it.
Section § 4065
This law explains that if a decision needs to be approved by most members, it is ratified when most of the eligible voting members agree.
Section § 4070
This law states that if a decision needs approval by a majority of a quorum of members, it must be approved by more than half of the votes from a valid election where enough members are present to meet the quorum requirement.