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. (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. (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. (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.

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

   1. (1) The homeowners association is unable to deliver two consecutive notices; and
   2. (2) The inability to deliver the electronic transmission becomes known to the person responsible for sending 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.