CODE OF VIRGINIA

USE OF TECHNOLOGY (§ 55-515.3)

A. Unless the declaration expressly provides otherwise, (i) any notice required
to be sent or received or (ii) any signature, vote, consent, or approval
required to be obtained under any declaration or bylaw provision or any
provision of this chapter may be accomplished using the most advanced technology
available at that time if such use is a generally accepted business practice.
This section shall govern the use of technology in implementing the provisions
of any declaration or bylaw provision or any provision of this chapter dealing
with notices, signatures, votes, consents, or approvals.

B. Electronic transmission and other equivalent methods. The association, lot
owners, and those entitled to occupy a lot may perform any obligation or
exercise any right under any declaration or bylaw provision or any provision of
this chapter by use of any technological means providing sufficient security,
reliability, identification, and verifiability. “Acceptable technological
means” shall include without limitation electronic 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 requirements of
applicable law shall satisfy any requirement for a signature under any
declaration or bylaw provision or any provision of this chapter.

D. Voting rights. Voting, consent to and approval of any matter under any
declaration or bylaw provision or any provision of this chapter may be
accomplished by electronic transmission or other equivalent technological means
provided that a record is created as evidence thereof and maintained as long as
such record would be required to be maintained in nonelectronic form.

E. Acknowledgment not required. Subject to other provisions of law, no action
required or permitted by any declaration or bylaw provision or any provision of
this chapter need be acknowledged before a notary public if the identity and
signature of such person can otherwise be authenticated to the satisfaction of
the executive organ.

F. Nontechnology alternatives. If any person does not have the capability or
desire to conduct business using electronic transmission or other equivalent
technological means, the association shall make reasonable accommodation, at its
expense, for such person to conduct business with the association without use of
such electronic or other means.

G. This section shall not apply to any notice related to an enforcement action
by the association, an assessment lien, or foreclosure proceedings in
enforcement of an assessment lien.

HISTORY: 2010, c. 432.