H.B. 878                                                 VETOES

[(i)] (J) (1) "Lot" means any plot or parcel of land on which a dwelling is
located or will be located within a development.

(2) "Lot" includes a unit within a condominium or cooperative housing
corporation if the condominium or cooperative housing corporation is part of a
development.

[(j)] (K) "Primary development" means a development such that the
purchaser of a lot will pay fees directly to its homeowners association.

[(k)](L) "Recorded covenants and restrictions" means any instrument of
writing which is recorded in the land records of the jurisdiction within which a lot is
located, and which instrument governs or otherwise legally restricts the use of such
lot.

[(l)] (M) "Related development" means a development such that the purchaser
of a lot will pay fees to the homeowners association of such development through the
homeowners association of a primary development or another development.

[(m)] (N) "Unaffiliated declarant" means a person who is not affiliated with the
vendor of a lot but who has subjected such property to a declaration required to be
disclosed by this title.

11B-113.1.

(A)     NOTWITHSTANDING LANGUAGE CONTAINED IN THE GOVERNING
DOCUMENTS OF A HOMEOWNERS ASSOCIATION, THE HOMEOWNERS ASSOCIATION
MAY PROVIDE NOTICE OF A MEETING OR DELIVER INFORMATION TO A LOT OWNER
BY ELECTRONIC TRANSMISSION IF:

(1)      THE BOARD OF DIRECTORS OR OTHER GOVERNING BODY OF THE
HOMEOWNERS ASSOCIATION GIVES THE HOMEOWNERS ASSOCIATION THE
AUTHORITY TO PROVIDE NOTICE OF A MEETING OR DELIVER INFORMATION BY
ELECTRONIC TRANSMISSION;

(2)      THE LOT OWNER GIVES THE HOMEOWNERS ASSOCIATION PRIOR
WRITTEN AUTHORIZATION TO PROVIDE NOTICE OF A MEETING OR DELIVER
INFORMATION BY ELECTRONIC TRANSMISSION; AND

(3)      AN OFFICER OR AGENT OF THE HOMEOWNERS ASSOCIATION
CERTIFIES IN WRITING THAT THE HOMEOWNERS ASSOCIATION HAS PROVIDED
NOTICE OF A MEETING OR DELIVERED MATERIAL OR INFORMATION AS AUTHORIZED
BY THE LOT OWNER

(B)     NOTICE OR DELIVERY BY ELECTRONIC TRANSMISSION SHALL BE
CONSIDERED INEFFECTIVE IF:

(1)      THE HOMEOWNERS ASSOCIATION IS UNABLE TO DELIVER TWO
CONSECUTIVE NOTICES; AND

(2)      THE INABILITY TO DELIVER THE ELECTRONIC TRANSMISSION
BECOMES KNOWN TO THE PERSON RESPONSIBLE FOR SENDING THE ELECTRONIC
TRANSMISSION.

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