SAMPLE CONSENT FORM – EMAIL CONSENT 

SAMPLE CONSENT FORM – EMAIL CONSENT –
[Per Previous Section 1350.7 (2013) and
NEW SECTION 4040 (2014) of the CIVIL CODE]
COMBINED WITH EMERGENCY INFORMATION REQUEST

Comment: this form is a sample of a combined form ­ it should be modified to fit the association needs. The thought behind combining the email consent/opt out choices with the request for emergency contact information is that Boards may be able to get important contact information returned, in addition to the email choices. It will need to be modified if the board wishes to seek consent to receive hearing and any other individual notices and it is important to note that these items are not addressed in the statute, meaning that an association is better off if it uses the individual notice requirements in lieu of or in addition to email notice of hearings or other individual notices. And, it should be used only with approval of association legal counsel as there are potential legal ramifications that should be explained to the Association if a board strays from what is provided in the statute as appropriate. Be sure to remove comments before finalizing the form for use in your association.  THE FORM:
EMERGENCY CONTACT INFORMATION/MEMBER EMAIL CONSENT/OPT OUT OPTIONS

To Members: by signing this form, you will be (1) providing important contact information to be used in case of emergency and (2) saving the association printing and mailing costs by agreeing to accept email notices instead of mailed notices for items that would otherwise be provided by mail (those specifically named below). It is up to you to notify the association whenever your email address changes, and to settle with other owners of your unit or lot on one email address for communications related to your property.

  Please complete the information below (PLEASE PRINT CLEARLY):

Homeowner Name(s): ____________________________
Email address: ________________________________
Mailing Address: ____________________________________________________________
Property Address: ___________________________________________________________
Telephone: Day: ________________________
Telephone: Eve: ________________________

  If home is rented, also provide the tenant contact information:

Tenant Name(s): _______________________________
Email address: ________________________________
Mailing Address: ____________________________________________________________
Property Address: ___________________________________________________________
Telephone: Day: ________________________
Telephone: Eve: ________________________

  CONSENT TO RECEIVE DOCUMENTS AND NOTICES VIA EMAIL Please be informed that:1. It is up to you to settle with other owners (if any) of your Unit/Lot on one email address for communications related to your property, although you are entitled to have mailed notices go to a secondary mailing address.2. You  have the right to request that the documents also be transmitted in paper or other non-electronic form if you wish (see below); and3. The consent applies to all of the items listed on page 2; and4. The items will be sent to the Owner/Member indicated above.


  I, the undersigned owner, request that ____[ASSOCIATION NAME] _________to provide notices of the items listed below via email as an alternative to mailed notices (all numbered references are to the Civil Code).

_____ Additionally, if I have checked this blank, I wish to opt out of having my/our name and address and contact information listed on the Membership list that is open to inspection by owners.

  I certify that I am an owner of the lot or unit described below and that all owners of the property at the address listed below have authorized me to provide this written consent to use the following email address for communications on behalf of any owners collectively. That email address is:

  _______________________________________________________________.

               [TYPE OR PRINT EMAIL ADDRESS CLEARLY PLEASE]

  _______This consent shall remain in effect until revoked in writing. I understand that my signature must be authentic and I may either return this signed document to the association by mail or hand delivery or may affix an authenticated digital signature to it and return it by email as a PDF file.

Dated:______________  _______________________________________________
[Owner Signature]
Printed Name:___________________________________Property Address:________________________________City/State/Zip:___________________________________

THE FOLLOWING ARE THE DOCUMENTS THAT MAY BE SENT TO YOU BY EMAIL UPON RECEIVING CONSENT: ALL ARE ANNUAL DISCLOSURE NOTICES:

ANNUAL BUDGET REPORT – FINANCIAL INFORMATION (Section 5300 and as noted)

  • (1) Pro forma operating budget
  • (2) A summary of the association’s reserves per CC Section 5565.
  • (3) A summary of the reserve funding plan per (5)(b) of Section 5550 or summary form per Section 5570.
  • (4) A statement regarding any deferred maintenance.
  • (5) A statement as to whether the board anticipates special assessments to pay for obligations regarding major components or to fund reserves.
  • (6) A statement as to the funding plan for the reserves.
  • (7) A general statement addressing the procedures used for the reserve study.
  • (8) A statement as to whether the association has any outstanding loans with an original term of more than one year.
  • (9) A summary of the association’s property, general liability, earthquake, flood, and fidelity insurance policies.

  ANNUAL POLICY STATEMENT (Civil Code Section 5310 and 5320 as noted)

  • (1) The name and address of the person designated to receive official communications to the association, per Section 4035.
  • (2) A statement explaining that a member may submit a request to have notices sent to up to two different specified addresses per Section 4040.
  • (3) The location, if any, designated for posting of a general notice, Section 4045 (a)(3).
  • (4) Notice of a member’s option to receive general notices by individual delivery, pursuant to 4045 (b).
  • (5) Notice of a member’s right to receive copies of meeting minutes, Section 4950(b).
  • (6) The statement of assessment collection policies required by Section 5730.
  • (7) A statement describing the association’s policies and practices in enforcing lien rights and legal remedies for collection of delinquent assessments per Section 5850.
  • (8) A Discipline policy, if any, including any reimbursement or fine penalties per Section 5850.
  • (9) A summary of dispute resolution procedures, pursuant to Sections 5920 and 5965.
  • (10) A summary of requirements for association approval of a physical change to property, per Section 4765.
  • (11) The mailing address for overnight payment of assessments, pursuant to Section 5655.
  • (12) Any other information for all owners that is required by law or the governing documents or that the board determines to be appropriate for inclusion.

Comment: I do not suggest using this consent form without advice from the association’s attorney. Attorneys have differing opinions on what is acceptable and advisable under the statute. And there are things a board should know when deciding to use this form. There are extra duties like keeping 2 notice lists (those that opt in and those that opt out, extra work and paying management for keeping two lists, the risks because of the wording of the pertinent statute, etc. EMAIL notice alone is not recommended for disciplinary hearings and notices or any of the items required by law to be sent to or served on the owner of the delinquent account.