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BettyO1 (California)
Posts: 104
Posted:
Do deadlines such as 4 days notice for meetings or 30 days notice for dues changes refer to postmark or delivery date to members?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Would you not work backwards from the final date? If you set December 31st as the end date, then December 1st would be the 30 day notice.

Former HOA President
RichardP13 (California)
Posts: 3,868
Posted:
The day mail was delivered to the postal station.
BettyO1 (California)
Posts: 104
Posted:
Does notice have to be delivered to members 4 days before meeting or is it sufficient to have the notice postmarked 4 days before meeting?
BettyO1 (California)
Posts: 104
Posted:
Does notice have to be delivered to members 4 days before meeting or is it sufficient to have the notice postmarked 4 days before meeting?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Technically, it's the postmark.

Ideally, Boards should have their act together and send notices far ahead of the minimum guidelines.
KerryL1 (California)
Posts: 14,550
Posted:
Go to Davis-stirling.com, Betty, Main Index, Notice requirements or some such. I think you'll find that notices of board meetings may be posted and do not need to be mailed to every member (Owner).

So we post ours on our website, in our elevators and in our mailrooms.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By BettyO1 on 12/07/2017 9:47 PM
Do deadlines such as 4 days notice for meetings or 30 days notice for dues changes refer to postmark or delivery date to members?


It is generally the post mark which will determine date sent. There is nothing which would show potential delivery date unless sent “certified return receipt” which in some HOA’s would be cost prohibitve and time consuming and which many State Statutes do not at this time require. Most only require the post mark showing when properly sent ... which can be verified by the BOD members receiving their own documents.
BarbaraB10 (California)
Posts: 117
Posted:
Quote:
Posted By KerryL1 on 12/08/2017 8:57 AM
Go to Davis-stirling.com, Betty, Main Index, Notice requirements or some such. I think you'll find that notices of board meetings may be posted and do not need to be mailed to every member (Owner).

So we post ours on our website, in our elevators and in our mailrooms.

Just to clarify, posting agenda notices on a bulletin board does not fully satisfy the civil codes 4040 & 4045.

If any member requested individual delivery, the board DOES need to send agenda notices.

civil code 4040
https://www.davis-stirling.com/Main-Index/Statutes/Civil-Code-4040#axzz2DMFEIbgC

civil code 4045
https://www.davis-stirling.com/Main-Index/Statutes/Civil-Code-4045#axzz2CR2ljirY

KerryL1 (California)
Posts: 14,550
Posted:
From Davis-stirling.com: NOTICE vs DISCLOSURE

"Notice Defined. The Davis-Stirling Act specifies how disclosures must be made as well as alerting the membership to upcoming events...There are two forms of notice, general and individual.
1. General Notice. If a provision of this act requires “general delivery” or “general notice,” (such as board meetings), the document may use one or more of the following methods (Civ. Code §4045):

Any method provided for delivery of an individual notice pursuant to Section 4040.

Inclusion in a billing statement, newsletter, or other document that is delivered by one of the methods provided in this section.

Posting the printed document in a prominent location that is accessible to all members, if the location has been designated for the posting of general notices by the association in the annual policy statement, prepared pursuant to Section 5310."

As can be seen,board meetings only require a "general notice" so our mailroom bulletin boards, website, elevators, and, oh, in our monthly newsletter too, are sufficient. If any Owner wanted US mail delivery of meeting notices, we certainly would comply. None want it.
RichardP13 (California)
Posts: 3,868
Posted:
What was omitted is that now members received that delivery or posting information with their Annual Budget package that needs to be sent 30 days prior to the close of their fiscal year.

https://www.davis-stirling.com/Main-Index/Statutes/Civil-Code-5310#axzz2CgHrcBrn

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