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ReneeC4 (California)
Posts: 50
Posted:
In California we are allowed to send some documents via email. There seems to be a very specific way of doing so outlined in Davis-Stirling https://www.davis-stirling.com/tabid/478/Default.aspx#axzz2ZJB4iCH8, but our HOA has decided to ask for people's email on a piece of paper that has other things on it as well. We actually have a proper consent already made up in our documents, which I pointed out, but it was never acknowledged. We are currently amending our rules and they plan on using the emails already gathered to send them out for us to look at for approval. Should I fill out the proper form and perhaps bring it to the other board member with my concern or is it not really a concern?
SheliaH (Indiana)
Posts: 6,964
Posted:
If the document is simply the proposal that you'll vote on at a later date in a manner specified by your documents, and the board simply combined it with other community announcements, it doesn't seem like an issue. Then again, you didn't say what else is on the form, so if you're concerned, why not just go to the board and ask them? Bring that portion of the Davis-Stirling rule with you and check your documents so you can be specific.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ReneeC4 (California)
Posts: 50
Posted:
They are planning on using the emails collected for everything they send out (well, except official ballot stuff of course). I did bring it up to the board member collecting emails. I made the form into a PDF and sent it to him so it would be easy. Should I go to someone else with the form and risk ruffling his feathers or is it no big deal?
SheliaH (Indiana)
Posts: 6,964
Posted:
Well, that's a good idea, as it does reduce printing and postage costs. According to this link - http://www.davis-stirling.com/tabid/2734/Default.aspx#axzz2Dl0ku72u - the association can deliver notices, disclosures and documents to members who’ve agreed to that type of delivery (it has to get prior written consent). Read this and see if that answers your questions – if not, go to the board and ask.

By the way, there's another portion of the website that states homeowner approval of CCR or bylaw revisions still has to be done by paper - that could answer some of this as well.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ReneeC4 (California)
Posts: 50
Posted:
I must not be asking this correctly.

Davis-Stirling states we can use email for certain things. It also states we have to get consent. It lays out what needs to be included on the consent form. My HOA is collecting emails with a letter that asked if you wanted to help on the board, information for the gate, what your email is... etc etc. It's not a consent the way Davis-Stirling has it laid out. Does it make a difference?
SheliaH (Indiana)
Posts: 6,964
Posted:
We haven't seen your document, so I can't answer that.

Since the email consent does have to have certain content, it would be easier to redesign the form so people could sign off on that section only and then send it back to the association. Which leads to the second part of my suggestion - go back to your board, note what needs to be on it and ask if it could be redesigned to ensure everyone understands what to expect going forward.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
I don't know what this sentence means, Renee: "We are currently amending our rules and they plan on using the emails already gathered to send them out for us to look at for approval." what emails are being referred to here? Here and where you write the Board is collection emails, I just don't know what you'r talking about.

Ditto this: "My HOA is collecting emails with a letter that asked if you wanted to help on the board, information for the gate, what your email is... et." what does this shave to do with a consent form? What is the purposes of this Very confusing to me.

Owners may receive many items via email instead of US mail. Examples are rule changes, the annual budget and all the disclosures that go with it; the annual audit, newsletters and much more. And, yes, ballot materials of any kind must be sent double envelope, etc.

But Owners must fill out a consent form first. Our web site is down so I don't have access to it right now. The Form basically says the party agrees to receiving HOA materials this way and understands that receipt is perfected upon transmission. It says that the person can withdraw consent in writing. It's signed and dated.

Are you on the Board?
ReneeC4 (California)
Posts: 50
Posted:
Quote:
Posted By SheliaH on 10/25/2016 12:12 PM
We haven't seen your document, so I can't answer that.

Since the email consent does have to have certain content, it would be easier to redesign the form so people could sign off on that section only and then send it back to the association. Which leads to the second part of my suggestion - go back to your board, note what needs to be on it and ask if it could be redesigned to ensure everyone understands what to expect going forward.

It doesn't need be designed, as we already have a consent form that was never used, which meets all the criteria. The one that WAS used, does not have the content that Davis-Stirling states it should. It's not a consent at all and was just a request mish-moshed in with a bunch of other things. I've already emailed the correct form to them, but they are still using one that does not have the correct info on it... should I push this issue AGAIN. So, we'll have all these emails that we've collected and not a single consent form.
ReneeC4 (California)
Posts: 50
Posted:
Quote:
Posted By KerryL1 on 10/25/2016 12:36 PM

But Owners must fill out a consent form first. Our web site is down so I don't have access to it right now. The Form basically says the party agrees to receiving HOA materials this way and understands that receipt is perfected upon transmission. It says that the person can withdraw consent in writing. It's signed and dated.

My question is... we are NOT using proper consent forms to collect emails per the criteria set forth on the Davis-Stirling website. Will this be a problem?

No, I'm not on the board.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By ReneeC4 on 10/25/2016 12:02 PM
I must not be asking this correctly.

Davis-Stirling states we can use email for certain things. It also states we have to get consent. It lays out what needs to be included on the consent form. My HOA is collecting emails with a letter that asked if you wanted to help on the board, information for the gate, what your email is... etc etc. It's not a consent the way Davis-Stirling has it laid out. Does it make a difference?

If you go to Google and type: CONSENT TO DELIVERY BY ELECTRONIC TRANSMISSION, you should get a couple of ideas for paper and website sign up.
ReneeC4 (California)
Posts: 50
Posted:
We have one that is beautiful. They did not use it or any consent when we collected emails last month. So, we have email addresses and no actual written consent to use them.
KerryL1 (California)
Posts: 14,550
Posted:
I'm sure the consent form you have is just fine, Renee. This is only for comparison and is a recent version our MC put together.

Perhaps you want to take a copy to the next open board meeting, and copies for directors of good one, and explain how your version meets the criteria in the Davis-Stirling legislation. And then t request that they stick with it. Does it matter??? It depends on whether the "new" one they're crafting complies with the law or not, I'd say.

I hereby consent to the email delivery of the XXXX Owners Association disclosure documents, as indicated below. I understand and agree that if the Association chooses to deliver said documents by email, that delivery is complete at the time of the transmission (and that all statutory or other notice requirements as defined in the Association's governing documents is perfected upon such transmission). If such documents are delivered by email, I understand that I have the right, at any time, to request, in writing, that the documents be made available to me in paper/non-electronic form. I further understand a) that it is my responsibility to notify the Association's Management Company, in writing, of email address changes; and, b) that I can revoke my consent to e-mail delivery, and again require Association notices, disclosures and other documentation in hard copy by sending my revocation notice to the Association's Management Company via email, facsimile or mail at the address listed below (and that if I do so, the management company will confirm receipt of my written request within five (5) business days of its receipt).
DISCLOSURE DOCUMENTS INDEX
1. Assessment & Reserve Funding Disclosure Summary (form)
2. Pro Forma Operating Budget or Budget Summary
3. Assessment Collection Policy
4. Notice/Assessments and Foreclosure (form)
5. Insurance Coverage Summary
6. Board Minutes Access
7. Alternative Dispute Resolution (ADR) Rights
(summary)
8. Internal Dispute Resolution (IDR) Rights (summary)
9. Architectural Changes Notice
10. Secondary Address Notification Request
11. Monetary Penalties Schedule
12. Reserve Funding Plan (summary)
13. Review of Financial Statement
14. Annual Update of Reserve Study
15. Notice of Proposed Rule Changes
16. Notice of Adopted Rule Changes
17. Notice of the Results of an Election to Reverse a
Rule Change
18. Requests for Candidates
19. Board Meeting Notices
20. Notice of Annual Meeting Election Results
21. Annual Budget Report
22. Annual Policy Statement
23. Newsletters
If you wish to participate in this program, please complete the form below and return to the physical address below. WE MUST RECEIVE AN ACTUAL “WET” SIGNATURE- The form may not be submitted via email or fax.
Owner’s Name: First  Last
(Must be on title)
Property Address:
City:
E-mail Address (please print clearly):
Home ) - Work ) - Cell ) -
Signature:  Date:
(By signing above, you consent to the Association's distribution of the above referenced documents via email)
ReneeC4 (California)
Posts: 50
Posted:
The "new one" that WAS used to collect the emails, does NOT comply with anything.

The "old one" that was NOT used, was perfect.

I have already addressed it and they haven't changed.

They are going to send out some documents very soon with emails we do not have legal consents for.
ReneeC4 (California)
Posts: 50
Posted:
Maybe this will help.... this is how the letter from the HOA went.....

"We will be changing the gate code soon [insert details of the gate]. How many tags will you need? What number would you like tied into the system. Do you have a phone number for contact purposes. Do you have an email address? Can we call on you to help with the community?"

That's it.... that's how the emails use was addressed and that's how they were collected.
ReneeC4 (California)
Posts: 50
Posted:
I'm trying to pick my battles. If I don't need to address this, I won't. If it needs to be forced, I will do so.
KerryL1 (California)
Posts: 14,550
Posted:
Oh, I think I get it now. The new form has nothing to do with receiving HOA materials online.

It's simply for a new gate and the Board wants certain info related to the tags. This form does not give your HOA permission to send materials to Owners via email

That's a different matter. We, for instance, have a registration form for new residents that also asks for the residents' email addys whether they own or rent. The resident may enter it on the form or not--all do.
ReneeC4 (California)
Posts: 50
Posted:
Correct.
KerryL1 (California)
Posts: 14,550
Posted:
Well, then, I'd say leave it alone.
ReneeC4 (California)
Posts: 50
Posted:
There were other things on the paper as well, such as a page of rule adjustments. Not everything was about the gate.
ReneeC4 (California)
Posts: 50
Posted:
Quote:
Posted By KerryL1 on 10/25/2016 5:44 PM
Well, then, I'd say leave it alone.

So it's OK to send all our official documentation via the emails obtained from that gate/rules letter?
ReneeC4 (California)
Posts: 50
Posted:
These are the documents the board will be sending via emails obtained from the "gate letter".

• Assessment & Reserve Funding Disclosure Summary
• Pro Forma Operating Budget or Pro Forma Operating Budget Summary
• Assessment Collection Policy
• Notice/Assessments and Foreclosure
• Insurance Coverage Summary
• Board Minutes Access
• Alternative Dispute Resolution (ADR) Rights
• Internal Dispute Resolution (IDR) Rights
• Architectural Changes Notice
• Secondary Address Notification Request
• Monetary Penalties Schedule
• Reserve Funding Plan (summary)
• Review of Financial Statement
• Annual Update of Reserve Study
• Notice of proposed rule changes
• Notice of adopted rule changes
• Notice of the results of an election to reverse a rule change
• Other such Notices as may be issued
KerryL1 (California)
Posts: 14,550
Posted:
Now that you've dded more, I'd say it's not OK. The Consent to Receive HOA materials shouwl be its own doc similar to the one I pasted above or, probably to the one your board already designed previously.

I'm in the legal filed though and I truly dod't know if you want o make a big deal out of this. What is it you think might go wrong??
ReneeC4 (California)
Posts: 50
Posted:
Our community has been pretty defunct for awhile. We are finally getting up to speed and are going to start enforcing some rules. It's about to get very angry in here. The neighbor was already screaming at 3 am about the meeting announcement not being posted per the rules and shouting about suing if they keep messing up. Not that it would happen over the meeting, but I'd rather not get tripped over stupid stuff.
KerryL1 (California)
Posts: 14,550
Posted:
Sorry, meant I'm not in the legal fields.

How many homes in your HOA? Do you have property mgt.? How many are on the board.

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