email vs. mail notification?

Started by ThomasD2 • 11 replies • 1943 views

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ThomasD2 (California)
Posts: 208

Posted:

I am in California and know rules are a little different here. Nevertheless, the board recently added some new parking procedures and rules. The residents were notified by email, a form of communication I am finding increasingly problematic. Do California HOA rules specify whether such notices should be mailed? Or posted? Or emailed? (I myself always vote for mail notification, without much support.) Thanks.-Tom

MicheleD (Kentucky)
Posts: 4,491

Posted:

Just my $.02, they failed in their responsibility to notify if they did not also follow up with hard copy to all residents.

Not everyone has email.

Not everyone who has email uses it regularly.

My vote? Fail.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Especially is there are fines attached. First class mail needed.

DonaldM3 (South Carolina)
Posts: 132

Posted:

Isn’t this site just great?

You have a serious HOA problem so you explain it and post your question here. About three hours later you have opinions from two pretty savvy participants who I feel are once again right on the money. Where else can you do that?

DavidW5 (North Carolina)
Posts: 565

Posted:

Because of the substantial expense of mailings to all members of our association (approx. $3800 each time for postage and admin costs) we would like to amend our bylaws to provide for the option for members to opt in to email notification in place of snail mail. We estimate that at least 50% of homeowners would prefer email notification and the yearly savings of at least $10000. Homeowners who opt out would still receive regular mail notice. At this point we are still under developer control and will have to wait for the transition to homeowner control to implement this.

ThomasD2 (California)
Posts: 208

Posted:

Quote:

Posted By SusanW1 on 03/15/2009 1:42 PM
Especially is there are fines attached. First class mail needed.

I wondered if the point that "if there are fines attached. First class mail needed" is by law?? It certainly seems eminently sensible.-Tom

ThomasD2 (California)
Posts: 208

Posted:

Quote:

Posted By DavidW5 on 03/15/2009 6:32 PM
Because of the substantial expense of mailings to all members of our association (approx. $3800 each time for postage and admin costs) we would like to amend our bylaws to provide for the option for members to opt in to email notification in place of snail mail. We estimate that at least 50% of homeowners would prefer email notification and the yearly savings of at least $10000. Homeowners who opt out would still receive regular mail notice. At this point we are still under developer control and will have to wait for the transition to homeowner control to implement this.

Giving someone the option of regular mail vs. email seems like a good idea. -Tom

JosephW (Michigan)
Posts: 882

Posted:

Here's the CA law:

Civil Code §1350.7. Methods of Document Delivery

(a) This section applies to delivery of a document to the extent the section is made applicable by another provision of this title.

(b) A document shall be delivered by one or more of the following methods:

(1) Personal delivery.
(2) First-class mail, postage prepaid, addressed to a member at the address last shown on the books of the association or otherwise provided by the member. Delivery is deemed to be complete on deposit into the United States mail.

(3) E-mail, facsimile, or other electronic means, if the recipient has agreed to that method of delivery. If a document is delivered by electronic means, delivery is complete at the time of transmission.
(4) By publication in a periodical that is circulated primarily to members of the association.

(5) If the association broadcasts television programming for the purpose of distributing information on association business to its members, by inclusion in the programming.
(6) A method of delivery provided in a recorded provision of the governing documents.

(7) Any other method of delivery, provided that the recipient has agreed to that method of delivery.
(c) A document may be included in or delivered with a billing statement, newsletter, or other document that is delivered by one of the methods provided in subdivision (b).

(d) For the purposes of this section, an unrecorded provision of the governing documents providing for a particular method of delivery does not constitute agreement by a member of the association to that method of delivery.

If the owner(s) agreed to accept e-mail, then it is legitimate.

Joe

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ThomasD2 (California)
Posts: 208

Posted:

Quote:

Posted By JosephW on 03/15/2009 6:58 PM
Here's the CA law:

Civil Code §1350.7. Methods of Document Delivery

(a) This section applies to delivery of a document to the extent the section is made applicable by another provision of this title.

(b) A document shall be delivered by one or more of the following methods:

(1) Personal delivery.
(2) First-class mail, postage prepaid, addressed to a member at the address last shown on the books of the association or otherwise provided by the member. Delivery is deemed to be complete on deposit into the United States mail.

Joe

This is fascinating, thanks for the info. But if possible could you also please mail me your response to my query. (Just joking!) -Tom

LynetteB (Texas)
Posts: 141

Posted:

ThomasD2,

We have polled all our members, (76 lots), on the subject and only 2 prefer to receive mail notification. Within the last 2 1/2 weeks we got our website running and it is our intention to use that means to post rule changes and our newly adopted procedures.
Unfortunately, by Law, we cannot use email as our only means of contact when there is a violation involved. We have to use certified mail, return receipt requested for notification if we intend to fine, suspend voting rights or suspend use of common areas for unresolved violations. We do use email as our first means of contact though.

I like using email and have had great response with it. Some people take longer to respond than others sometimes, but we receive way more response by email than we ever would by mail.

Lynette

RalphD (Delaware)
Posts: 5

Posted:

I am in Delaware and this state allows email notification with approval. The form we use states:

EMAIL AUTHORIZATION - To enhance timely and effective communication between the Association
and the unit owners, you have the option to receive correspondence via email in lieu of US Mail.
The law requires authorization to do this. Please complete below if you would like to receive
email communications.
YES, I (We) hereby authorize the Bridgeville Chase Homeowners’ Association and its agents to notify
me (us), as the owner by electronic mail format for all official Association notifications as required by the Delaware Revised Statutes in lieu of the US Mail.

BrianB (California)
Posts: 2,820

Posted:

Just for us who think that being email saavy, and having it in our by-laws and our HOA activities, makes us pretty much 21st century, here's a thought:

Why aren't we texting yet? THe next generation of home owners will be tied to cell phone texting like this generation is tied to email, like the last generation was tied to cell phones, and the generation before to land lines, and mailboxes, and telegrams before that...

Technology will always outpace us.

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