Counting days for a legal notice

In California, certain changes, like updating Architectural Guidelines, require a general notice at least a 28 days before making the change. (Civ. Code § 4360.)

When counting days for a legal notice, the first day is skipped and the last day is included, unless the last day is a state holiday or a Sunday and you would then count the next day. (Civ. Code § 10.)

What is considered the first day? The date of the post mark? So for example, if a notice was mailed out and postmarked on the 2nd of January, you would count the 3rd through the 30th and the BOD could vote on the change on the 31st?

https://www.davis-stirling.com/HOME/M/Mailbox-Posting-Rule#axzz3ibemj2AC

Not having the ability to edit is going to kill me... Thank you Max

The 28 days is a period during which Owners may comment on a rule change that's been proposed by the board at an open meeting and sent to them. At a subsequent meeting, the Board votes on the change. It includes Architectural Guidelines. The text in the notice MUST include the purpose(s) of the proposed change(s) and effects. In our HOA of 200+ condos, usually a handful of owners write remarks and send them back. If an unreasonable rule were sent to Owners, I'm sure there'd be more responses.

But what do you feel you can do about this? Keep in mind that this also is the Board's error since no directors apparently read a draft of the proposal before the PM sent it. Or they are ignorant of Civil Code on this point. So, ask your PM why the "purpose" was not included. In your comments on the changes that you're sending back to the Board, write that the Board should not approve the proposed changes because they failed to tell the membership the purpose. Request that the Board resend the notice with the correct info in it. At the open meeting when this is on the agenda, in open forum, again request that the Board explain the purpose in a new memo to Owners.

But why did it cost $1,000 to mail? "General Notice" means they can simply post it in a public area (I think, see Davis-stirling.com on this point). Our PM sends out proposed rule changes by email as most or our owners have opted in to that method.

Most documents require hard copies and not electronic copies of documents. The laws are still a bit behind when it comes to online communication. So snail mail is still the officila method for mailing official documents. It also shows proof one was sent the documents. That post stamp shows proof of delivery.

California Law:

4045.
(a) If a provision of this act requires “general delivery” or “general notice,” the document shall be provided by one or more of the following methods:

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

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

(3) 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.

(4) If the association broadcasts television programming for the purpose of distributing information on association business to its members, by inclusion in the programming.

(5) If the association maintains an internet website for the purpose of distributing information on association business to its members, by posting the notice on the association’s internet website in a prominent location that is accessible to all members if designated as a location for posting general notices in the annual policy statement prepared pursuant to Section 5310.

(b) Notwithstanding subdivision (a), if a member requests to receive general notices by individual delivery, all general notices to that member, given under this section, shall be delivered pursuant to Section 4040. The option provided in this subdivision shall be described in the annual policy statement prepared pursuant to Section 5310.

James

What is your issue? A day or two late on a mailing is no biggie. It must be something else.

So, James, you're going to point out the wasted postage and the lack of a purpose and effect in the notice to owners? I guess you'll mail it to owners? nd your point will be that they must vote in the upcoming election?

Are thee more candidates than openings?

Kerry, summer of 2020, our 5 position BOD was completely replaced.

I later found out that the President of our new BOD was also the President of another HOA BOD in a community about 60 miles away. During his tenure as President at the OTHER HOA (over 10 years) their BOD replaced the PMC they had been using with a new PMC. During his tenure as President at the OTHER HOA, their BOD decided to hire the President's private contracting business to take over one of the monthly maintenance contracts for this OTHER HOA... Eventually, the owner of the PMC became the 'community manager' for this OTHER HOA for at least 5 years now (I found this out by reading their BOD minutes that were posted on a public website)

Our new Board ended up hiring the same PMC that this OTHER HOA had been using, (but we have a different community manager). During Covid, I think most people kept their 'heads down' and tried to go on with life the best they could. But lately, people are starting to take notice of things, and I believe it is a time for change... All 5 positions are up for election again, this year.

Do keep reading your own documents. Your bylaws probably state that directors serve staggered terms. How many are running for the upcoming election? This may be yet another incorrect move.

Of course, one could try to go to court, etc. but it's true that IF you get get others to join you, as noted above, you all can vote out this rogue board. And hire a manager who follows the law. Start gathering support.

What do your bylaws say bout filling vacancies? Given California's strict statutes about HOA elections, you should get a few notifications. Do you know if your HOA has the required Election rules? when is the election?

It's so good seeing an owner who's so willing to read their governing documents and to read the relevant Civil Codes as you are, James. It's also good that your HOA has current election rules and that you know how to read the timeline calculator. You have gently of time to work on getting out the vote. Owners will receive at least 2-3 notices (you hope via email!) inviting candidates, noting deadlines, etc.

But who will run to fill the positions?? Are there any current directors you'd like to see be reelected?

Thanks for bylaws citation. Do they not say how long the person filling the vacancy serves? Some bylaws say util the next election. some say until the end of the vacation spot's term.

I'm no lawyer, If you send documents certified with return receipt, the clock starts the day the documents are received. I don't feel any court will say the whatever X amount of
days the documents take to arrive count as days of receipt.