Electronic vs Mail Notifications

First of all, I would be remiss if I did not thank ya'll for your advice on the 2 questions that I recently had. I have also received invaluable information from topics on this website and appreciate your sharing your knowledge. I have a question that is mostly a curiousity question.
Our HOA is trying to work its way into the 21st century...slowly. I think we've pretty much conquered the 20th century recently. We have only had a website for about 3 years. The HOA has been in existence since 1976. We recently had a new coping and duplication policy and management certificate posted to our website to satisfy new statutes adopted by the Texas legislature that were effective January 2012. My question is...Have we satisfied the notification requirements for open information documents to our property owners by posting to the website only? I, for one, do not have a quibble with it since I have a computer. But many of our property owners do not. I would imagine that eventually electronic postings will replace hard copy documents mailed to property owners. But have we reached that point yet?

Actually our documents do not reference the website at all. Our meeting agendas are posted at the proper time on two community bulletin boards as specified in our documents. The website shows the agendas usually after the meeting is over. I was actually asking about what our website refers to as Governing Documents. Our property owners receive a hard copy of the bylaws and covenants when they buy their property. I was wondering if posting the two new documents (The Copying and Duplication Policy and the Management Certificate)in the Governing Documents section of the website is adequate notification.

We do not have a newsletter for our association. However, as luck would have it, we are having an annual property owners meeting at the end of this month. I believe this topic would apply as New Business. As stated before, this really does not apply to me since I have a computer. I just wondered if there was any requirement to notify property owners of the new changes. I guess it really doesn't matter on further thought. They can't see the minutes of meetings either without sending a certified letter asking to see them.

Mich

Even in this day and age, few are accepting/saying that electronic notification is acceptable/legal.

As an example, many docs say a mailed notice of a meeting must be given and I do not expect that to change soon. I expect a scumbag lawyer could make a case that your posting, not mailing, of meeting notices alone is not legal.

A real life example. A new owner commits a Covenant violation and says well I never saw a copy of the Covenants. Without a signed copy (paper or electronically signed) how does an association know?

I expect some type of electronic signature (there are some now) will become standard, but not in my lifetime.

I would post all my association docs online as a matter of open door policy but when push comes to shove, I want a signed copy.

Hope this helps.

I agree with Carol and we are both from California. It doesn't matter what century we are in. It matters what your CC&R and by-laws state as well as what Texas legal codes have in place.

In California, the state codes show what is permissible for notification of specific documents, including rules changes. If your governing documents say that rules changes must be received by snail mail, then the rules need to be sent that way.

I don't think that there are legal codes that would favor email or electronic delivery/availability over delivery in person or by snail mail. In most cases, electronic availability is an option that the member can request. I think the reasoning behind such instances are the situations like yours--not everyone owns a computer. Since the website also doesn't post meeting announcements and agendas prior to meetings, then the website isn't being utilized as a primary source of information.

It's very nice that you are concerned about others, so be sure to speak up at the meeting about it.

We are a small California HOA, consisting of 70 homes. We recently sent out a release form to all members with computer access, with a complete explanation including the statute number, requesting the form be completed and signed by the property owner. They have the option to accept or reject electronic transfer by checking either the YES or NO box, and signing at the bottom.
By signing and returning the form, they agree to accept legal documents via email, which can eliminate a lot of time and expense. Of 70 homes, we have only seven people who don't have computer access, and four who opted out of receiving electronic legal documents. Of course the four who rejected email were some of many who have never attended a meeting or shown any interest in the HOA.
I sent out my first legal doc yesterday to those 11 who require snail mail. It was wonderful to only have to print, fold, stuff, stamp and mail 11 rather than 70. It's easier, saves money, and it's green..!!
Gary in So Calif...

Don,

Can you provided a sanitized version (Association name/address removed) of the form you asked the members to fill out?

Here is the cover letter we sent, and the release form sent as an attachment.
Quail Valley Estates goes Paperless...!!!!
The Board of Directors (BOD) are occasionally required to send out legal notices which must either be mailed, or delivered in person, unless the recipient(s) authorize us, in writing, that he/she will accept electronic transfer (email) in lieu of regular mail. At the present time, over 90% of our residents have provided the Association with their email address as a means of receiving timely notices of neighborhood-specific information via electronic transfer (email), and we would very much like to expand that mode of communication to include the official legal notices referenced above.
California Civil Code 1350.7 authorizes certain legal documents to be transferred by electronic mail, but we need your written permission to do so. Email is not only the GREEN thing to do, but it saves our community money in the form of stamps, envelops, and labels, while reducing the time demands on our volunteer staff. You may return the enclosed (signed) form to any Board member, or you may mail your completed form to: --------------------------------
It's important that we receive a 100% response from homeowners. For your convenience (if necessary), we will make arrangements to come to your home to collect your completed form.
The information described in this email and in the attached Release Form is also available for download from the community's web site (www.=========)).
In closing, we would like to thank you for taking the time to thoroughly review this note and the attached Release Form. We look forward to receiving your input, and we thank you for your continued interest in Quail Valley Estates
Sincerely,
***********************************************************************************************

EMAIL AUTHORIZATION FORM

To promote timely and effective communication between the Association and the property owners, you have the option to receive correspondence via email in lieu of US Mail.
We will continue to provide communication via USPO service to those who don't have email access, or for those who wish to opt out of email delivery.
The law requires written authorization for homeowners to receive official correspondence by email. Please check the appropriate box below:

( ) YES, I (We) hereby authorize the Quail Valley Estates Homeowners’ Association and its agents to notify me (us), as the owner by electronic mail format for all official Association notifications as authorized by California Civil Code Section 1350.7*, in lieu of the US Mail.

( ) NO, I (We) prefer to receive legal notifications via USPO delivery service.

* Information regarding this civil code can be found at (http://www.leginfo.ca.gov).

Name (print) ________________________ Signature_________________________

Name (print)________________________ Signature_________________________

Lot # _______