Unrevoked Consent

Unrevoked Consent

How should you approach “Consent”? Below is an article from the Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC
regarding the business of HOA Board and members in regards to Unrevoked Consent.

QUESTION: Can a member send an email request authorizing their HOA to send them all mailings via email without having to fill out a separate special form giving the HOA this permission?

ANSWER: The permission you describe is called “unrevoked consent” and is required by the Davis-Stirling Act. Unrevoked consent sometimes becomes an issue between dating college students–this is different. The Davis-Stirling Act allows owner to receive notices and documents by email “if the recipient has consented, in writing, to that method of delivery.” (Civ. Code §4040(a)(2).)

Electronic Transactions. The Act does not mandate a particular form. An email from an owner giving permission qualifies as written consent. (Civ. Code 1633.7.) The email can be printed by the association and stored in a file or it can be stored electronically.

Approval Forms. Even so, associations are allowed to create their own consent forms. Lawyers like to include disclosure language about how the consent remains effective until such time as it is revoked in writing.

RECOMMENDATION: If the association uses a form, don’t argue with them; simply fill it out. It only takes a minute and everyone can go away happy.

For more knowledgeable information regarding the business of HOA’s, visit: The Davis-Stirling.com Newsletter