Requesting permission for e-mail communications. What might I be missing?

I'm reaching out in the hope of getting some suggestions.

Although my Association has a fairly large email list (90% or more), I have nothing in writing from the owners saying that we can officially communicate with them via email.

Yes, an argument can be made that the fact we have the emails can be seen as having permission.
I'd prefer having actual permission on file.

Thinking of sending the following:

Dear [HOA] members,

The Board is in the process of going through records and we've discovered that the Association has no written authorization to use e-mail for official communications (other than the fact that the Association has your e-mail address on file). Using email does save the Association money in reduced printing and postage costs.

Therefore, in order to dot the i and cross the t (so to speak), and continue these savings, we are sending this email out requesting confirmation of your permission to use e-mail to inform you of the following:

News Letters
Notice of Meetings
Proxy Forms for meetings
Proposed changes to governing documents (restrictions, bylaws, charter, articles of incorporation)
Adopted changes to governing documents
Financial invoices and notices (fees due, charges for late payments, account status, etc.)

Please respond to this email to confirm the use of e-mail communications.

Thank you.

For the Board,

What items am I missing that should be included?
Do you have better way of saying what I'm trying to say?

Thank you in advance for your input.

I'd also remind people that snail mail will stop once they authorize email contacts so its their responsibility to advise the association when their email changes. Homeowners should also put the association's email in a safe sender list so messages don't get intercepted by anti-spam programs.

For emails concerning bills and late notices, I suggest sending those with delivery and read receipts requested so you'll know it was delivered and the homeowner saw it. Finally, ask homeowners how 9ften they want to get notices from the association. There shouldn't be too many, but if you have an idea of how often people want mail (e.g. only once a month), that can save even more time and money.

You don't have to put all this in your initial email - ask for the communication choice and how often they want to get emails. Once you've heard from everyone, you can put something on the community website with the other information.

You could add they are not under any obligation to provide their email address.

As long as at the bottom of the email there is an opt-out provision there should not be an issue.
I distribute an email every week to an extensive mailing list and add to the list constantly.
The only real concern is for the 10% that may not use a computer and for notices covered by the bylaws that must be mailed

Our HOA has an "opt-in" form for owners to receive many HOA notices, etc., by email per the CA statute that Terri cites. We changed MCs yesterday and I'm having trouble getting on to our new website. I'm alway slow at these things, but I'll send you ours when I find it.

Offhand, another doc that's included is the Annual Audit. We're able to email just about everything except ballots for elections.

This form is used by our new MC and I haven't seen it before. Our previous form was somewhat different. I do not see the Annual Audit on this form, which is required to go to Owners in CA. Hope it's useful, Tim.

EMAIL DELIVERY CONSENT FORM
I hereby consent to the email delivery of the XXX-XXX Owners Association disclosure documents, as indicated below. I understand and agree that if the Association chooses to deliver said documents by email, that delivery is complete at the time of the transmission (and that all statutory or other notice requirements as defined in the Association's governing documents is perfected upon such transmission). If such documents are delivered by email, I understand that I have the right, at any time, to request, in writing, that the documents be made available to me in paper/non-electronic form. I further understand a) that it is my responsibility to notify the Association's Management Company, in writing, of email address changes; and, b) that I can revoke my consent to e-mail delivery, and again require Association notices, disclosures and other documentation in hard copy by sending my revocation notice to the Association's Management Company via email, facsimile or mail at the address listed below (and that if I do so, the management company will confirm receipt of my written request within five (5) business days of its receipt).
DISCLOSURE DOCUMENTS INDEX
13. Review of Financial Statement
14. Annual Update of Reserve Study
15. Notice of Proposed Rule Changes
16. Notice of Adopted Rule Changes
17. Notice of the Results of an Election to Reverse a Rule Change
18. Requests for Candidates
19. Board Meeting Notices
20. Notice of Annual Meeting Election Results
21. Annual Budget Report
22. Annual Policy Statement
23. Newsletters
1. Assessment & Reserve Funding Disclosure Summary (form)
2. Pro Forma Operating Budget or Budget Summary
3. Assessment Collection Policy
4. Notice/Assessments and Foreclosure (form)
5. Insurance Coverage Summary
6. Board Minutes Access
7. Alternative Dispute Resolution (ADR) Rights (summary)
8. Internal Dispute Resolution (IDR) Rights (summary)
9. Architectural Changes Notice
10. Secondary Address Notification Request
11. Monetary Penalties Schedule
12. Reserve Funding Plan (summary)
If you wish to participate in this program, please complete the form below and return to the physical address below. WE MUST RECEIVE AN ACTUAL “WET” SIGNATURE- The form may not be submitted via email or fax.

Herr's a different way to comply with newer legislation in CA. The form is more useful I think, with perhaps the list of available notices/docs attached to it: https://www.davis-stirling.com/Portals/1/4041%20Notice%20(eff.%201-1-23).pdf?ver=4ESQcNF5cpWym3JaaNlz-g%3d%3d

So far as I know owners are not required to opt in for many kinds of communications from their Board or PM. Gawd knows we owners and renters in my HOA get e-blasts about many things that are going on in our community. Other than our newsletter, I'd call them "announcements." I'd think that every HOA is permitted to send emergencies to residents & owners via email.

Brief summaries of examples of typical e-blasts:

Notice of Board meetings
The fire pump will be tested W. 11am for 1/2 hour and is noisy;
Don't miss the Welcome Party for the New MC 2/7, etc.;
A weekly list of Units undergoing rehab;
Window washers will be on the west face of both towers tomorrow through Tues. You may wish to close your window coverings for privacy.
Newsletters

Availability of new services or amenities:
All 4 stairwells now contain evacuation chairs on floors 9 & 17 to help disabled residents down the (25 story flights of) stairs in emergencies when the elevators do not work.
There now is a AED in the gym along with the AED in the entry kiosk. Phone 911 first and then the kiosk officer who'll deliver the AED to your condo.
The spa pump is out of order. We hope to have it repaired by tomorrow.
Newsletters

The Consent Form in our HOA, and I am assuming most is to give permission to the HOA to email many kinds of items that otherwise must, by CA HOA law be sent by US mail or posted on a bulletin Board in a public place* Our new MC's list that I provided above contains a few items that our PM routinely sends by e-blast, e.g., meeting notices. It'll be revised

Owners in CA HOAs must sign to agree to receive documents via email vs. the expense of USPS. In CA now, owners must sign every year to "opt-in."

Thus Elle's approach is not what such a Consent Form accomplishes at all. But I don't know if any other states have legislation about this topic or what Boards in those states typically do.

* Due to about 25 % absentee owners, posting on the public bulletin board in my HOA is not acceptable.

It could be argued that the federal CAN-SPAM Act applies. HOA members are consumers with an existing service arrangement.
https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business

Tim
If you presently have 90% on your Email list that is awesome. I question now that if asking them if they want in when you already have them, will you lose some? Are you now asking them to accept somethings you must notify them via USPS? We must notify our owners of our Annual Meeting, including the agenda, 30 days prior to the meeting via USPS. Other then that, Email communication (75% in our case) is sufficient?

Nice example by JohnC of a requirement (state? his Bylaws? Or? that a certain notice must be sent USPS.

Does your HOA or TN have any such requirements, Tim?

Not to tangent, but do you really think most Americans still want official information sent by mail? I'm in my mid 40s and the US median age is 38 and I can't think of anything I would want snail mail. I have super complicated tax returns with lots of Schedule K1s, international investments and believe me I don't even want these documents sent snail. That said we have older members who don't even have an email address let alone a computer.

In my condo multi-story HOA, I'd say half the residents are over over 55. Only 2 units of 200+ do not use email.

I heard a variation of that for cruises, but it went cruises are for... the newly weds, over feds, nearly deads.