055 Electronic Document and Signature Regulation
Whenever the Declaration, the By-Laws, the Articles of Incorporation or any other governing legal document of the Big Canoe Property Owners Association, Inc. (“Association Instruments”) require that a document, record or instrument be “written” or “in writing,” the requirement is deemed satisfied by an electronic record as a substitute for a written item, and whenever the Association Instruments require a signature on a document, record or instrument, an electronic signature satisfies that requirement and such electronic signature shall be permitted as a substitute for a written signature so long as the electronic signature is easily recognizable
as a secure electronic signature that is capable of verification, under the sole control of the signatory, and attached to the electronic document in such a way that the document cannot be modified without invalidating the signature; or the Board of Directors reasonably believes that the signatory affixed the electronic signature with the intent to sign the electronic document and that the electronic document has not been modified since the signature was affixed.
Verification and Liability for Falsification. The Board of Directors may require reasonable verification of any electronic signature, document, record, or instrument. Absent or pending verification, the Board of Directors may refuse to accept any electronic signature or electronic record that, in the Board’s sole discretion, is not clearly authentic. Neither the Board of Directors nor the POA shall be liable to any owner or any other person for accepting or acting in reliance upon an electronic signature or electronic record that the Board of Directors reasonably believes to be authentic or for rejecting any such item that the Board of Directors reasonably believes not to be authentic. Any owner or person who negligently, recklessly, or
intentionally submits any falsified electronic record or unauthorized electronic signature shall fully indemnify the Association for actual damages, reasonable attorney fees actually incurred, and expenses incurred as a result of such acts.
This Policy & Procedure will not affect or change the requirement of Article II, Section 2.3 of the By-Laws that all Notices of Meetings of the Members be sent either “personally or by first class mail” and that this Policy & Procedure, therefore, only applies to Actions Taken Without a Meeting of the Members per Article II, Section 2.5(c) of the By-Laws.
This Electronic Document and Signature Rule and Regulation is being implemented in accordance with Georgia’s Uniform Electronic Transactions Act which provides that electronic records and signatures are expressly recognized under Georgia law.
POA Board and General Manager
This policy covers all Big Canoe property owners.
V. RELATED POLICIES OR DOCUMENTS
Third Amended and Restated By-Laws, Article XI Electronic Communications
Procedure 055.1 Use of Email Addresses
Upon the Effective Date of this Electronic Document & Signature Policy Regulation, any email address that is on file with the Association that has been provided by a Property Owner will be used from that date forward by the Association for any Association purpose, including, but not
limited to, all official communications from the Association to the Members related to any and
all matters regarding the Big Canoe community, any Association matter requiring a vote of the
Members and any communications to individual Members regarding any Association matter.
POA Board and General Manager
V. RELATED POLICIES AND DOCUMENTS