55-79.71:1 - Use of technology
§ 55-79.71:1. Use of technology.
A. Unless the condominium instruments expressly provide otherwise, (i) anynotice required to be sent or received or (ii) any signature, vote, consent,or approval required to be obtained under any condominium instrument or anyprovision 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 condominium instrument or any provision ofthis chapter dealing with notices, signatures, votes, consents, or approvals.
B. Electronic transmission and other equivalent methods. The unit owners'association, unit owners, and other persons entitled to occupy a unit mayperform any obligation or exercise any right under any condominium instrumentor any provision of this chapter by use of any technological means providingsufficient security, reliability, identification, and verifiability."Acceptable technological means" shall include without limitationelectronic transmission over the Internet or the community or other network,whether by direct 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 anycondominium instrument or any provision of this chapter.
D. Voting rights. Voting, consent to and approval of any matter under anycondominium instrument or any provision of this chapter may be accomplishedby electronic transmission or other equivalent technological means providedthat a record is created as evidence thereof and maintained as long as suchrecord 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 condominium instrument or any provision of thischapter need be acknowledged before a notary public if the identity andsignature of such person can otherwise be authenticated to the satisfactionof 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 unit owners' association shall make reasonableaccommodation, at its expense, for such person to conduct business with theunit owners' association without use of such electronic or other means.
G. This section shall not apply to any notice related to an enforcementaction by the unit owners' association, an assessment lien, or foreclosureproceedings in enforcement of an assessment lien.
(2010, c. 432.)