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HomeCivil CodeDiv. 4Pt. 5Ch. 1Art. 1§ 4040 Member Notice Delivery Methods

§ 4040 Member Notice Delivery Methods

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 4040 Member Notice Delivery Methods

Key Takeaways

  • •If you live in a community with rules (like a homeowners association), they have to send you important papers the way you ask them to (like email or mail).
  • •If you don’t tell them how you want to get papers, they’ll mail it to your last known address.
  • •You can ask for a second copy of some important papers to be sent to another email or address.
  • •Even if the community rules say they can send papers a certain way, you don’t have to agree to it unless you say so.

Example

You live in a neighborhood with an HOA, and they need to send you a notice about a new rule.

If you told them you want emails, they must email you. If you didn’t tell them, they’ll mail it to your home. You can also ask them to send a copy to your work email.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 4040 Member Notice Delivery Methods

(a) (1) If a provision of this act requires an association to deliver a document by “individual delivery” or “individual notice,” the association shall deliver that document in accordance with the preferred delivery method specified by the member pursuant to Section 4041. (2) If the member has not provided a valid delivery method pursuant to Section 4041, the association shall deliver the document by first-class mail, registered or certified mail, express mail, or overnight delivery by an express service carrier addressed to the recipient at the address last shown on the books of the association. (b) Upon receipt of a request by a member identifying a secondary email or mailing address for delivery of notices, pursuant to Section 5260, the association shall deliver an additional copy of both of the following to the secondary address identified in that request: (1) The documents to be delivered to the member pursuant to Article 7 (commencing with Section 5300) of Chapter 6. (2) The documents to be delivered to the member pursuant to Article 2 (commencing with Section 5650) of Chapter 8 and Section 5710. (c) 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 to that method of delivery. (d) This section shall become operative on January 1, 2023. (Repealed (in Sec. 1) and added by Stats. 2021, Ch. 640, Sec. 2. (SB 392) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)

Last verified: January 21, 2026

Key Terms

individual deliveryindividual noticepreferred delivery methodSection 4041first-class mail

Related Statutes

  • § 6514 Document Delivery Methods
  • § 4035 Association Document Delivery Rules
  • § 1039 Property Title Transfer
  • § 1040 Voluntary Transfer Contracts
  • § 1790 Consumer Warranty Protection

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 4040.
View Official Source