H.B. 878 VETOES
11-139.1.
(A) NOTWITHSTANDING LANGUAGE CONTAINED IN THE GOVERNING
DOCUMENTS OF A COUNCIL OF UNIT OWNERS, THE COUNCIL OF UNIT OWNERS MAY
PROVIDE NOTICE OF A MEETING OR DELIVER INFORMATION TO A UNIT OWNER BY
ELECTRONIC TRANSMISSION IF:
(1) THE GOVERNING BODY OF THE COUNCIL OF UNIT OWNERS GIVES
THE COUNCIL OF UNIT OWNERS THE AUTHORITY TO PROVIDE NOTICE OF A MEETING
OR DELIVER INFORMATION BY ELECTRONIC TRANSMISSION;
(2) THE UNIT OWNER GIVES THE COUNCIL OF UNIT OWNERS PRIOR
WRITTEN AUTHORIZATION TO PROVIDE NOTICE OF A MEETING OR DELIVER
INFORMATION BY ELECTRONIC TRANSMISSION; AND
(3) AN OFFICER OR AGENT OF THE COUNCIL OF UNIT OWNERS
CERTIFIES IN WRITING THAT THE COUNCIL OF UNIT OWNERS HAS PROVIDED
NOTICE OF A MEETING OR DELIVERED MATERIAL OR INFORMATION AS AUTHORIZED
BY THE UNIT OWNER.
(B) NOTICE OR DELIVERY BY ELECTRONIC TRANSMISSION SHALL BE
CONSIDERED INEFFECTIVE IF:
(1) THE COUNCIL OF UNIT OWNERS IS UNABLE TO DELIVER TWO
CONSECUTIVE NOTICES; AND
(2) THE INABILITY TO DELIVER THE ELECTRONIC TRANSMISSION
BECOMES KNOWN TO THE PERSON RESPONSIBLE FOR THE SENDING OF THE
ELECTRONIC TRANSMISSION.
(C) THE INADVERTENT FAILURE TO DELIVER NOTICE BY ELECTRONIC
TRANSMISSION DOES NOT INVALIDATE ANY MEETING OR OTHER ACTION.
11-139.2.
(A) NOTWITHSTANDING LANGUAGE CONTAINED IN THE GOVERNING
DOCUMENTS OF THE COUNCIL OF UNIT OWNERS, THE BOARD OF DIRECTORS OF THE
COUNCIL OF UNIT OWNERS MAY AUTHORIZE UNIT OWNERS TO SUBMIT A VOTE OR
PROXY BY ELECTRONIC TRANSMISSION IF THE ELECTRONIC TRANSMISSION
CONTAINS INFORMATION THAT VERIFIES THAT THE VOTE OR PROXY IS AUTHORIZED
BY THE UNIT OWNER OR THE UNIT OWNER'S PROXY.
(B) IF THE GOVERNING DOCUMENTS OF THE COUNCIL OF UNIT OWNERS
REQUIRE VOTING BY SECRET BALLOT AND THE ANONYMITY OF VOTING BY
ELECTRONIC TRANSMISSION CANNOT BE GUARANTEED, VOTING BY ELECTRONIC
TRANSMISSION SHALL BE PERMITTED IF UNIT OWNERS HAVE THE OPTION OF
CASTING ANONYMOUS PRINTED BALLOTS.
11B-101.
(a) In this title the following words have the meanings indicated, unless the
context requires otherwise.
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