A. Records and Signatures
Records and Signatures. Whenever the Declaration, By-Laws or Articles require that a document, record. or instrument be "written" or "in writing," the requirement is deemed satisfied by an electronic record if the Board of Directors has affirmatively published regulations permitting an electronic record or document as a substitute for a written item. Whenever these By-Laws require a signature on a document, record or instrument, an electronic signature satisfies that requirement only if: (i) the Board of Directors has affirmatively published regulations permitting an electronic signature as a substitute for a written signature; (ii) 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 (iii) 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.
B. Verification and Liability for Falsification
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 attorneys fees actually incurred and expenses incurred as a result of such acts.
