HOA bylaws question

Started by TN1 • 4 replies • 663 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

TN1 (California)
Posts: 45

Posted:

The HOA rules and Regs. State
The Board of Directors shall not enter into any contract with a Third person wherein the third person will furnish goods or services for the Common Area, The Association Maint. area or Association in Excess of 1 year without the vote or written consent of the members representing at least a majority of the voting power of the Association, except for a contract with a public utility company.

My question is since when homes were purchased the developer had entered into
Mode of Delivery Aggreement with USPS for Curbside mail delivery to individual home owners curbside mail boxes that are on T-posts in of anywhere from 2 to 6 boxes on the posts every few houses. Can the Board of Directors authorize a change to USPS CBU Cluster Boxes ( which would be in excess of 1 year. I.e indef. without the vote or written consent of A Majorityof the Voting Power of the Association. (. I.e. association. Meaning Mmbers of Associatin, ( homeowners ) that retain voting rights ?

TN1 (California)
Posts: 45

Posted:

Please excuse the double post,.
Moderator could u please remove the duplicate
Thank you

BenA2 (Texas)
Posts: 1,273

Posted:

Since the USPS is going to deliver your mail, regardless, isn't the agreement that the developer made, and the proposed agreement that the HOA wants to make, just for the installation of the mail receptacles, which is a one time thing? It seems to me that the mail service, that extends beyond a year, is written into the federal code and postal regulations and does not require an agreement with the HOA.

There may also be something in the code or postal regulations allowing the USPS to deal directly with the HOA, which would trump your bylaws.

TN1 (California)
Posts: 45

Posted:

The delivery agreement is " mode of delivery". Specifically " approved curbside delivery".

The cluster box changes the mode of delivery.

USPS
Conversion of Mode of Delivery
In this section, conversion refers to changing existing mail delivery to a more
economical and efficient mode. The key to converting existing deliveries is
identifying those deliveries that are most costly to the Postal Service. Delivery
managers can go into any delivery territory where delivery has been
established for over 1 year and solicit to convert the mode of delivery if it
would be cost beneficial to the Postal Service.

Postmasters should not establish a mixed delivery area where the carrier
must zigzag from the door to the curb when previously the carrier took
obvious shortcuts to effect delivery. Postmasters must weigh the advantages
and disadvantages of converting less than 100 percent of the deliveries.

Customer signatures must be obtained prior to any conversion. In singlefamily housing areas (including manufactured housing and mobile homes)

where the residences and lots are owned, each owner must agree to the 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.

When a residence is sold, the mode of delivery cannot be changed arbitrarily
prior to the new resident moving in. The existing mode of delivery must be
retained absent an agreement otherwise. If an owners’ association
represents the community, it can direct the mode of delivery for the
community. In rental areas, such as apartment complexes and mobile home
parks, the owner or manager can approve a conversion.

BenA2 (Texas)
Posts: 1,273

Posted:

"If an owners’ association represents the community, it can direct the mode of delivery for the community."

It looks like the postal regulations are clear that the HOA can make the decision. Since the USPS gets its regulation authority from federal law, I think it trumps the bylaw requirement.

Also, it is ultimately the decision of the USPS, following their own regulations, and they are not bound by your bylaws. So, even if the board breached the bylaws, I don't think it matters, but I'm not an attorney.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here