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. (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. (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. (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.

2. (b) Notice or delivery by electronic transmission shall be considered ineffective if:

   1. (1) The council of unit owners is unable to deliver two consecutive notices; and
   2. (2) The inability to deliver the electronic transmission becomes known to the person responsible for the sending of the electronic transmission.
3. (c) The inadvertent failure to deliver notice by electronic transmission does not invalidate any meeting or other action.

Added by Acts 2004, c. 286, § 1, eff. Oct. 1, 2004.