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FS (Florida)
Posts: 3
Posted:
I own in a community with a voluntary HOA. It is also operating under expired covenants that were never revitalized. The short form of my question is this: As a voluntary HOA with a large number of nonmember owners, are they empowered ot represent nonmembers of the community in a way that impacts their individual homes?

Background: The board has apparently communicated with the US Postal Service. They then and notified the surprised residents in a portion of the community that their mail delivery will change from end-of-driveway to cluster mailboxes. The USPS guidelines on this, they say, in part:

"If an owners’ association or property management company represents the property or the community, it may request a change in the mode of delivery on behalf of the community or property. In rental areas, such as apartment complexes and mobile home parks, the owner or manager may request a conversion on behalf of the apartment complex, mobile home park, or other rental property. Approval is at the sole discretion of the Postal Service. Delivery will begin only after the approval of a mail receptacle and its location by the local Postmaster.

Where there is no homeowners’ association or other property management company with authority to request a conversion on behalf of the owners, residents, or the community, customer signatures must be obtained prior to any conversion. In single-family housing areas (including manufactured housing and mobile homes) where the residences and lots are owned, each owner must agree to the conversion in writing. Owners who do not agree must be allowed to retain their current mode of delivery."
(Postal Operations Manual (POM) section 631.7 Conversion of Mode of Delivery, https://about.usps.com/postal-bulletin/2015/pb22426/html/updt_003.htm)

I'm trying to determine whether there is "no homeowners’ association or other property management company with authority to request a conversion on behalf of the owners, residents, or the community" due to the number of nonmember owners who did not empower this board to speak on their behalf.

Any insight would be appreciated.

TimB4 (Tennessee)
Posts: 21,059
Posted:
If you don't want the change, contact the post office and specify that you are not a member of that Association and you do not want you mailbox to change.
FS (Florida)
Posts: 3
Posted:
Thanks, Tim. That's on my to-do list for tomorrow. I just didn't know if anyone else had run across this kind of thing before.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By FS on 03/20/2016 5:50 PM
Thanks, Tim. That's on my to-do list for tomorrow. I just didn't know if anyone else had run across this kind of thing before.

The answer as to if a voluntary Association has this authority would likely be within your governing documents (as for who is responsible for what). Example: It may be voluntary to join the Association and pay assessments but the governing documents may still require Association approval for exterior changes (regardless of membership) - we have an Association like that near us.

However, start with the post office and see what comes of it.
The post office may ask the Association about their authority.
KevinK7 (Florida)
Posts: 1,343
Posted:
Quote:
Posted By TimB4 on 03/20/2016 7:19 PM
Posted By FS on 03/20/2016 5:50 PM
Thanks, Tim. That's on my to-do list for tomorrow. I just didn't know if anyone else had run across this kind of thing before.


The answer as to if a voluntary Association has this authority would likely be within your governing documents (as for who is responsible for what). Example: It may be voluntary to join the Association and pay assessments but the governing documents may still require Association approval for exterior changes (regardless of membership) - we have an Association like that near us.

However, start with the post office and see what comes of it.
The post office may ask the Association about their authority.

But if they are expired they have no authority. The post office will only operate off of what they are told. They won't research a thing. Restrictions s expired in my neighborhood. The association had no lien authority but they still filed liens and foreclosed on properties anyway.
FS (Florida)
Posts: 3
Posted:
I'm aware that the HOA will just tell the post office "Of course we have the authority." They say that about everything, regardless of whether they do. That's why I came here to check in with the folks who are wrangling this stuff before I tipped my hand too quickly.

@KevinK7: After reading through some of the other topics here to try to get my head around my HOA situation, I think we're neighbors but under different club boards. Small world.
KevinK7 (Florida)
Posts: 1,343
Posted:
Quote:
Posted By FS on 03/21/2016 5:30 AM
I'm aware that the HOA will just tell the post office "Of course we have the authority." They say that about everything, regardless of whether they do. That's why I came here to check in with the folks who are wrangling this stuff before I tipped my hand too quickly.

@KevinK7: After reading through some of the other topics here to try to get my head around my HOA situation, I think we're neighbors but under different club boards. Small world.

I am in Orlando. I can email you if you want if you have any questions.
KevinK7 (Florida)
Posts: 1,343
Posted:
I had dealt with similar situations. For instance, one of our county organizations that is involved in listing information regarding associations once listed my association as mandatory with mandatory annual assessments. When I emailed them regarding the matter they said they don't really research anything. They go off what the association's or realtors or management companies tell them, so if an association says "Yes! We are the HOA!" then they take their word for it.

Similar issue in my other neighborhood where one HOA claimed to be the HOA for 12 other neighborhoods. They represented themselves that way to the county for grants and establishing a MSBU. They got both because nobody challenged their message.

Recently there was a cluster mailbox matter regarding an association in my area. I am not sure if they are mandatory or expired but the issue just has been brought up because our new county garbage cans obstruct the mailboxes on some properties (these are smaller lots).
GenoS (Florida)
Posts: 4,276
Posted:
It's probably written somewhere that it's a felony to make false statements to a postmaster. Not that that helps you, but it might if you file a written complaint with the USPS. Send a copy to your congressman and senators. My experience with complaining to the USPS is that you are unlikely to get any help from them unless you literally see a mail carrier dumping mail into a river.

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