(2) Notwithstanding subsection (1) of this section, electronic mail, facsimile or other form of electronic communication may not be used to give notice of:
(a) Failure to pay an assessment;
(b) Foreclosure of an association lien under ORS 94.709; or
(c) An action the association may take against an owner.
(3) An owner or director may decline to receive notice by electronic mail, facsimile or other form of electronic communication and may direct the board of directors to provide notice in the manner required under the declaration or bylaws or ORS 94.550 to 94.783. [2007 c.409 §4]