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TN1 (California)
Posts: 45
Posted:
As some of you are aware from previous posts,
After the BD decided to install Cluster mailboxes (CBU's) to replace individual curbside mailboxes, some of the Homeowners circulated a petition for removal of the CBU's and received sufficient signatures from Home owners of the 5 % rule.

The MC mailed out yes or no response ballots to all homeowners requesting the ballots be mailed or hand delivered at the Special meeting,

However,the MC did not send out any envelopes to return the ballots in. When several homeowners inquired about return envelopes, ( including another BD,. the MC said the HOA atty said the HOA didn't have to send out return envelopes. Also apparently the HOA atty is supposedly going to be the Official Ballot Counter.

From everything I have read in the Davis-Sterling act,. my interpitation is this is incorrect.

Yes,. No ?

As previously posted, the BD. Pres. hasnt exactly been following proper channels with doing things and that is yet to be resolved. ( Unknown, if he was consulted. The other BD, deff. We're not consulted as to the decision to not include any envelopes, postage.

Your thoughts ?

Tks
RichardP13 (California)
Posts: 3,868
Posted:
No, unless the petition stated this was to be a secret ballot vote, then the proper procedure was followed.
TimB4 (Tennessee)
Posts: 21,059
Posted:
TN1,

As you mentioned in an earlier thread, the members were informed that regardless of the vote outcome, the CBU boxes are there to stay. When my association looked into this issue, that was my understanding as well from the Post Office. We could change to CBU, but once changed, we could not go back.

This is fairly clear in the USPS regulations. I refer you to USPS 631.32 which states in part: Delivery may only be provided to boxes at the curb with prior approval from the Postal Service. From my discussions with the postal service, once changed, due to the difference in time from delivering to CBUs vs. Rural mailboxes, the postal service will deny any such request.

Therefore, even if the vote supports returning to rural mailboxes, you may have to obtain a court order to force the post office to allow you to go back to the rural mailboxes.

KerryL1 (California)
Posts: 14,550
Posted:
Agree with both Tim & Richard.

(Even it were required to be a secret ballot with return double envelopes, the HOA is not required to provide postage.)
TN1 (California)
Posts: 45
Posted:
Tks, for the responses.
Wanted to confirm there wasn't any more okie doke tricks being pulled on this one.
Good point, about USPS not allowing to return now that there in service.
Unfortunately for the Postal worker on the route, he's getting extra taxed with things.

So far,
Mail sorting hasn't gone very smoothly.
Quite a few people are frequently getting other people's mail for different streets / blocks, away from their correct assigned CBU boxes. USPS is being made aware.

I had a Pkg. Shown as delivered to box, but it wasn't there. Contacted shipper and low and behold the pkg. was in my box at 6:00 am the next mrng.

Right now it's a crap shoot as to whether or not you receive mail addressed to you or someone else. There are a few bugs to work out.

The deed has been done. Sure your right, no going back now.

Tks

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