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PamelaM5 (Florida)
Posts: 85
Posted:
A coyote has been seen in my community in SW FL, and Wed. night a pet cat was found dead and partially eaten. Because we have many small dogs living here, a few of us asked the master board to send out an email warning people and they refused, saying things like "It's Florida - there are always dangerous things around." I'm finding this attitude negligent - perhaps not in the legal sense, but a clear case of refusing to take a simple action that could prevent a tragedy.

Would your board send out such a notice or would you refuse to do so on the same - or different - grounds?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Pamela,

For the unusual we would mention the issue in our newsletter. For the normal (deer, snakes, ticks, etc.) we would not.

I don't know if a coyote is considered normal in FL. Perhaps you could make a few fliers and pass them out to the nearby residents.
BradP (Kansas)
Posts: 2,640
Posted:
For an unusual thing like that we would send an email blast and post on our facebook and twitter accounts. Unusual to us is anything that has the potential to harm property or life and isn't there everyday.
PamelaM5 (Florida)
Posts: 85
Posted:
They've been seen east of us, but never really around here, closer to the coast. This is the same board that sent out three emails a few weeks ago warning members about a door-to-door salesman, but they seem reluctant to mention a coyote that's taken up residence. It boggles the mind.
CrystalK1 (South Carolina)
Posts: 14
Posted:
Our HOA sends an e-mail message about topics other than official HOA business, especially if it is timely or has to do with security.

I would send an e-mail about a reported coyote sighting, especially if asked by a member.

Be sure the message is something to the effect that "a member reported..." or "it was reported...." The writer should not declare that the coyote was seen, unless the writer saw the coyote.

HOA Secretary
FredS7 (Arizona)
Posts: 927
Posted:
In AZ I received an email in a closely similar situation concerning bobcats.

I'm not sure I see any downside to propagating such information (possibly including a general reminder that there are other hazards out there).
PetunkaM (Florida)
Posts: 1,009
Posted:
Pamela,

I am not sure about e-mail notices because the Board may not be authorized to do so. I would however post a warning flyer at the same place you post Notices for your Board meeting. Even you can do that. Any association member can.
PetunkaM (Florida)
Posts: 1,009
Posted:
This is the same board that sent out three emails a few weeks ago warning members about a door-to-door salesman, but they seem reluctant to mention a coyote that's taken up residence. It boggles the mind. [Pamela}

Opps, I just saw this. Interesting. You see, the Board is required to have a written consent by each owner to use e-mail for anything. I guess they have it.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We have/had a coyote problem for years around my area. Cats were being found dead and a few other animals. The Animal Control finally came out and admitted there was a coyote in the area. They contacted the news and printed in the newspaper. I would say contact Animal Control and ask them how best to respond to this issue. They may post and put the word out about the coyote and the dangers. It may be happening in your HOA but it doesn't mean it's a HOA problem....

Former HOA President
DonnaS (Tennessee)
Posts: 5,671
Posted:

Pamela,

If you have lived in Florida for more than a minute, the coyote would be the least of your animal worries. If you send out a notice, then be sure to add Burmese Pythons, Alligators, Bobcats and Wild Boar to the list. It is Florida and besides that, cats are required to be leashed, not to be let out at night to do their own kind of killing.

BrianB (California)
Posts: 2,820
Posted:
PetunkaM

can you explain a bit more about how your HOA/Board rules work with regard to emails? The board cannot send out emails without an owner's written permission? The board cannot send to an owner an email without their written permission?

I am a bit confused, thought I would seek clarification.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Brian,

I guess Pamela insinuated that the Board did not feel that this was a situation nescessary to warrant an email. I tend to agree, as I posted above. Chances are that neighbors know about the coyote already because that kind of news spreads like wildfire. Oh yeah, now that is another S.W. Florida hazard, not counting hurricanes.
Apparently the Board has the authority to say what does and what does not go out on the emails and this certainly would not damage anything or anyone if it did but the Board's call was that it is not important enought tp warrant a mailing.

Sidenote. If any of you watch the T.V. show "COPS". they filmed a giant 1800 pound bull walking down our beautiful street in our gated community. So much for gates keeping out the bad guys and wildlife.
PetunkaM (Florida)
Posts: 1,009
Posted:

can you explain a bit more about how your HOA/Board rules work with regard to emails? The board cannot send out emails without an owner's written permission? The board cannot send to an owner an email without their written permission? I am a bit confused, thought I would seek clarification. [Brian]

Hi Brian,

It is Florida state law – no electronic transmission UNLESS authorized in the By-laws. And, every owner has to consent to receiving e-mail and that consent can be revoked at any time. If you'd like, I can go thru the provisions and copy a couple of relevant sections for you.

But, to tell you the truth there are always those owners who do not want to receive any notifications by e-mail. Some do, but say: Oh, I have not read my e-mail for two weeks..’. .And, some may be computer-less. So, if you send out an important notice by e-mail to the membership you may not be able to cover everybody or still have to use paper just to be sure.

BrianB (California)
Posts: 2,820
Posted:
Thanks.. if you have a link handy, I would like to read that law. I can understand it for something like official ballots or legal notices or something, but to ban any email communication without written permission...

the longer I live, the more I learn.

PetunkaM (Florida)
Posts: 1,009
Posted:
Brian,

Tomorrow, have to leave now. The idea is that e-mail addresses become an official record of the association so their use must be authorized. However, if Pamela has them, she can send e-mails to the owners as long as she not on the board.
AnnJ1 (Florida)
Posts: 122
Posted:
Hi Brian,

Here's the FL statutes for Chapter 718 regarding electronic transmissions ......

HTH,
Ann
.............................................................
(12) OFFICIAL RECORDS.—

(a) From the inception of the association, the association shall maintain each of the following items, if applicable, which shall constitute the official records of the association:

7. A current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, and, if known, telephone numbers. The association shall also maintain the electronic mailing addresses and the numbers designated by unit owners for receiving notice sent by electronic transmission of those unit owners consenting to receive notice by electronic transmission. The electronic mailing addresses and telephone numbers must be removed from association records if consent to receive notice by electronic transmission is revoked. However, the association is not liable for an erroneous disclosure of the electronic mail address or the number for receiving electronic transmission of notices.
JenniferM10 (Illinois)
Posts: 97
Posted:
There are actually Federal guidelines that have an impact on email communications. An HOA is a business, and therefore needs to comply with email communication rules that all others businesses should be complying with. Here's a link:

http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business
DonnaS (Tennessee)
Posts: 5,671
Posted:

Jennifer,

After reading the "can-spam" laws, I do not think that this would pertain to a HOA sending members, who have their emails on record (voluntarily). Are HOA's a business or a mini government? Either way, emails sent to the members by the Board would not constitute being called SPAM but intercommunity communications, which the members have given their e addresses for communications between themselves and the Board..
JenniferM10 (Illinois)
Posts: 97
Posted:
True, but the same would apply to the Florida laws. Members can be asked for their email address, but they can ask to be removed from the mailing list at any time. What you couldn't do is pull an owners email address from Facebook or LinkedIn or something and then add them to the list.

I just wanted to point out that it's not only in Florida that you have to have permission before sending out emails.
PamelaM5 (Florida)
Posts: 85
Posted:
Quote:
Posted By DonnaS on 08/26/2011 11:19 AM

Brian,

I guess Pamela insinuated that the Board did not feel that this was a situation nescessary to warrant an email. I tend to agree, as I posted above. Chances are that neighbors know about the coyote already because that kind of news spreads like wildfire. Oh yeah, now that is another S.W. Florida hazard, not counting hurricanes.
Apparently the Board has the authority to say what does and what does not go out on the emails and this certainly would not damage anything or anyone if it did but the Board's call was that it is not important enought tp warrant a mailing.

Sidenote. If any of you watch the T.V. show "COPS". they filmed a giant 1800 pound bull walking down our beautiful street in our gated community. So much for gates keeping out the bad guys and wildlife.

Maybe you wouldn't send an email because you assumed that people would already know about it, but you know what they say about people who assume.

DonnaS (Tennessee)
Posts: 5,671
Posted:


Now Now, let's not go down that road. We are stating reasons why the Board may have thought that the coyote did not warrant a mass email and no where was anything "assumed" How we ever got off track deciding if the Board is allowed or not to have email communications to it's members is a wonder in itself. Apparently (I am assuming) that your does have it.
PetunkaM (Florida)
Posts: 1,009
Posted:
Brian,

Ann has already posted the condominium provision. Here are some extracts applicable to HOAs. Also note that there are exemptions when electronic transmission cannot be used.
Proposed amendments to allow electronic transmission may prove to be quite extensive. One may have to amend not only the By-laws but also the Articles.
__
Chapter 720:

'Definition’ Electronic transmission” means any form of communication, not directly involving the physical transmission or transfer of paper, which creates a record that may be retained, retrieved, and reviewed by a recipient and which may be directly reproduced in a comprehensible and legible paper form by such recipient through an automated process. Examples of electronic transmission include, but are not limited to, telegrams, facsimile transmissions of images, and text that is sent via electronic mail between computers.
The bylaws or amended bylaws may provide for giving notice by electronic transmission in a manner authorized by law for meetings of the board of directors, committee meetings requiring notice under this section, and annual and special meetings of the members; however, a member must consent in writing to receiving notice by electronic transmission.

A current roster of all members and their mailing addresses and parcel identifications. The association shall also maintain the electronic mailing addresses and the numbers designated by members for receiving notice sent by electronic transmission of those members consenting to receive notice by electronic transmission. The electronic mailing addresses and numbers provided by unit owners to receive notice by electronic transmission shall be removed from association records when consent to receive notice by electronic transmission is revoked. However, the association is not liable for an erroneous disclosure of the electronic mail address or the number for receiving electronic transmission of notices.

Removal of a director.. c)1. If the declaration, articles of incorporation, or bylaws specifically provide, the members may also recall and remove a board director or directors by a vote taken at a meeting. If so provided in the governing documents, a special meeting of the members to recall a director or directors of the board of administration may be called by 10 percent of the voting interests giving notice of the meeting as required for a meeting of members, and the notice shall state the
purpose of the meeting. Electronic transmission may not be used as a method of giving notice of a meeting called in whole or in part for this purpose. '
SuzanneL (Florida)
Posts: 32
Posted:
Members do have to give permission for their e-mail to be used because it needs to be protected for privacy purposes.

It was my understanding that a more formal permission process is needed if electronic notice (e-mail or fax) is used for required notifications instead of mailed notices such as meeting notices or other official business.

I think your board is overinterpreting when e-mail can and shouldn't be used. Safety issues because of a coyote, possible hurricane, crime alert, or even social event is e-mailed in many HOAs.

KellyM3 (North Carolina)
Posts: 2,239
Posted:

It is in the community's interest for its members to be informed of a coyote threat. If you're sure it's a coyote, then I think a blanket email is in order. Besides, why else would a property owner give their email address to an HOA? This situation is not official business nor is it soliciting business, like a spam e-maii.
JenniferM10 (Illinois)
Posts: 97
Posted:
One of our former board members created a group on Yahoo. These groups essentially create an email list. Anyone who is subscribed to the group can send an email, and it goes to all the other subscribers.

For instances like the OP, or maybe lost pets, community gatherings, local news, etc it might be really useful.

These communications do not have to come from the board of directors. Anyone who wants to start such a list can do so, and then anyone who wants to join, can. It's not official HOA business, but rather a community effort to share information.

Ours never really took off, but that's more about apathy than anything else, I think.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Jennifer,

Our Master Gardeners all subscribe to a free Yahoo group account. This is the best way to communicate between a large group of people. In our case, about 240 members. We all know what is going on instantly. All that you need is one member with a few computer skills to be webmaster and it is a done deal. If the O.Ps Board holds off on communications to it's members, then let the members take steps to insure that there is better communications within the community by taking action. You must create a set of rules tho to make sure that the site does not become a blog or complaining place.
BradP (Kansas)
Posts: 2,640
Posted:
Facebook is also another tool that we use...similar to a group account, those who are "friended" can post on the page and I think it is a helpful tool
DonnaS (Tennessee)
Posts: 5,671
Posted:

I know that there are zillions of people who love Facebook but I also know zillions who want nothing to do with it because it is such a publicly used domain.

As I suggested, there are much smaller sites where only the members can access it and you don't have to worry about non friends getting at your address. Look into forming a YAHOO group which we have used for 4 years with never an issue.

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