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BarbaraD12 (Washington)
Posts: 24
Posted:
Per Washington State RCW code, homeowners must be given a 14 day notice of a meeting. When mailing out the notice, is the postmarked date considered compliance even though the homeowners might not receive it for several days? Or does it need to be mailed out sooner to fall within the 14 day requirement?
ElleN (Idaho)
Posts: 4,420
Posted:
I believe your HOA is under 64.38, correct?

If so, 64.38.110 (4) (a) responds to your question: Notice is effective upon deposit with the mail carrier, meaning the postmarked date.

Best practices includes not only snail mailing meeting announcements but also posting signs and sending email blasts.
BarbaraD12 (Washington)
Posts: 24
Posted:
We are under RCW 64.90.445 “The notice must be given at least fourteen days before the meeting and must state time, date, place and agenda if the meeting”
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By BarbaraD12 on 10/16/2023 9:42 AM
We are under RCW 64.90.445 “The notice must be given at least fourteen days before the meeting and must state time, date, place and agenda if the meeting”
Then see RCW 64.90.515 (5) (a) at https://app.leg.wa.gov/RCW/default.aspx?cite=64.90.515 . It says the same as what I described above.

Please consider always indicating which Washington statute applies to your HOA.
BarbaraD12 (Washington)
Posts: 24
Posted:
Thank you.
SheliaH (Indiana)
Posts: 6,964
Posted:
I would think the postmark date would equal compliance as long as it's 14 days before the meeting. That said, you can't control how fast the mail will get to homeowners once it's given to the post office, and there has been a slowdown everywhere in how quickly mail is delivered due to staff shortages and changes in scheduling. You also have to factor in weekends and holidays (no mail delivery on Sunday), so the board should factor that in when scheduling the meeting.

You don't say if Washington State allows email for meeting notices - if so, why not suggest to the board to offer homeowners the opportunity to receive those notices via email to save time? It would be up to the homeowners to keep their addresses current and check their accounts regularly so they don't miss anything. A notice posted to the clubhouse door or a bulletin board would be even better in covering all the bases.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MarkM19 (Texas)
Posts: 1,459
Posted:
Barbara,
You mentioned the word meeting. I am wondering if this is an Executive Session meeting or an announcement of a general meeting? If you are responding to an Exec meeting it is either to appeal a decision or something similar.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Barbara,

Technically, as others have mentioned, the post mark date would be the start of the 14 days.

Personally, I prefer to give extra time if possible, especially since first class mail seems to be taking a week or more to deliver.

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