Meeting Notice and Ballots

Started by HaykP • 10 replies • 1860 views

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HaykP (California)
Posts: 50

Posted:

Hi,

I was wondering if it is legal to instead of mailing Meting Notices and then Ballots drop them into owners mailboxes?

Thanks!

FredS7 (Arizona)
Posts: 927

Posted:

1. What's in your documents?

2. If it's a box for US Mail I do not believe ANYONE else is allowed to use it.

HaykP (California)
Posts: 50

Posted:

Hi Fred,

Thank you for your reply.

1. We need to send "Notice of Meeting" now, and in few days "Ballots" for voting.
2. I was talking about US mail box that is located in our building.

Thanks!

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Hayk:

It is against Federal Law to open anyone else's mailbox and insert any items.

Only postal workers can insert items into mailboxes.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Here in Calif., ballots must (1) be sent to owners by US mail or (2) delivered to the Owner by the "Association."

Please see davis-sterling.com, Main Index, scroll down to Ballots to make sure you're proceeding properly. There are strict rules in Calif. for conducting elections.

If your HOA has a management company, they should know the statutes regarding elections.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By HaykP on 02/13/2012 3:15 PM
Hi,

I was wondering if it is legal to instead of mailing Meting Notices and then Ballots drop them into owners mailboxes?

Thanks!

As others have posted, it is against law to place other than U.S. Mail into a mailbox.

Here are some links about this issue:

Postal Regulations - Customer Mail Receptacles

Article titled Mailbox access restricted to postage paid U.S. Mail by the Postal Employees Network.

1997 Report to the Chairman, Subcommittee on the Postal Service, Committee on Government Reform and Oversight,House of Representatives

HaykP (California)
Posts: 50

Posted:

Hi Carol,

We don't have a management company and this is related to recall of the board that failed to hold annual meeting and had other violations.

One thing wasn't clear to me if:

1) We can simply mail ballots 1st class mail? (not certified)
2) Should the enclosed envolpe for retruning ballot my mail be pre-paid or it is responsilbity of owner to postmark it?

Thanks

TimB4 (Tennessee)
Posts: 21,059

Posted:

Hayk,

See:

Davis-Stirling.com who delivers the ballots

Davis-Stirling.com Recall Menu Page

Question, who is sending the ballots (the Association or the recall committee)?

CarolR11 (Colorado)
Posts: 2,563

Posted:

You can just mail them first class. If you want a good rate of return, do put a stamp on the return envelopes.

Who are these ballots being returned to? You? Who will count the ballots? I'm still concerned about your procedures. Please visit davis-sterling.com as I suggested in my above.

HaykP (California)
Posts: 50

Posted:

Tim,

Thanks for the links. First one made it clear how they should be sent. We will choose mail delivery du to the fact that hand delivery will take time and some of the homeowners do not live in the community.

In regards to recall link, we've already followed the steps: got petition signed by 5%, mailed it to all board members and served to one of the board members that lives on premises.

Recall committee will be sending ballots. We've sent "Notice of Meeting" today. Will accept nominations to be included on ballots untill February 16, 7 PM (this Thursday) and are planning to mail ballots on Friday.

Thanks!

HaykP (California)
Posts: 50

Posted:

Carol,

I will have return address as mine (one of the petitioners). We will count them during the meeting, will choose someone as a controller to open and count.

I went through Davis-Sterling and it seems that we are following all the procedures described there and in our By-Laws. This is the first time we are doing it, so that is why I am here to ask for advise.

Thanks!

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