HOA newsletter provided through email link

I am a newly elected BOT member. Another member had brought up the issue of saving money by emailing our monthly newsletter to residents via an email link. Our paid in-house staff (we are self-governing) has stated that years ago our attorney told us that this was illegal, that we had to provide a hard copy of the newsletter to each resident. We are just trying to save money and still provide the same information to our residents. Do any of your associations provide a newsletter online? I cannot find on the internet where is it deemed illegal to not provide a hard copy of it, not that it isn't true.

I agree with Donna. Email works fine for our Updates.

Send everyone a hard copy (printed) and in the newsletter, let anyone know that if they'd like email instead, they can put it in writing to you.

Jen,

Do your docs state that a newsletter must be provided? Our don't so the newsletter is above and beyond anything required. If your docs don't call for a newsletter you can provide it anyway you want.

Steve,
Just curious, what would you put in a Newsletter and send it by US Mail, and you would not put in a Newsletter and send it by e-mail.

Granted, it might be proper to attach: this e-mail is for the information of the addressee only or some such. But, shouldn't the same statement be attached to a Newsletter?

I also can see that official notification of some legal matters should be sent by certified mail. But, you know, if the person the letter is addressed to don't want to sign for it, they don't have to. But the attempt to delivery and proof of this fact serves the purpose of notification, I believe.

Our paid in-house staff (we are self-governing) has stated that years ago our attorney told us that this was illegal, that we had to provide a hard copy of the newsletter to each resident. We are just trying to save money JenC1
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Jenn,

Who is the paid in-house staff who said years ago an attorney told you it was illegal? Did the attorney actually say why it was illegal by any chance? Do you have anything in writing from him? And, why would you worry about it now? Who publishes the newsletter? Sounds like one of those Beltway rumors to me.

Ellen, no, nothing written in our docs states we must provide our residents a newsletter. Ours is monthly to over 2,000 units.

Eva, the paid inside staff who provided us this information has been with our community for 24 years. Not that this is credence to anything. The attorney has not provided us anything in writing. It has just been accepted by the Board forever, and has recently been questioned (again) by some Board members as to its validity. I suspect that the attorney has stated this for the reasons that some have mentioned, mostly that if we need to notify residents of a change in our governing docs. But I would assume we would provide written notice of this anyway to make sure all residents are aware.

I appreciate all responses and will use this information at the next BOT meeting.

Eva,
Of course you can notify members of amendments to your documents by Newsletter and I suggest you do. However, you must follow your documents as to how to effect these changes, that is different than notification. Most documents I am familiar with require a notice to each owner that a special meeting will be held to amend documents. However you doc's require. But this is to validate the change in the documents, make an official notice of meeting, take a vote and pass or reject the amendment. None I have seen requires each owner
has to acknowledge in writing they received the notice by mail. Why confuse the issue. Probably several months before the meeting to amend the proposal was made and at some Board meeting and the action was put in motion. In the interim this is a great time to allow discussion through a newsletter. Business does this all the time, so does governments. My documents require a SPECIAL MEETING be held. We can not do this at an annual meeting so we have the special meeting first, do business, adjourn that meeting and open the annual meeting.

Frankly, I don't know what all the hoopla is about what can and cannot be put into a newsletter. Where is this even addressed in anyone's gov docs? Why can't the members be notified of a change in the rules in the newsletter? It sure sounds like "news" to me. If any member has given the BOD their email address that, to me, means you can send them email and they will read it. In fact, they might welcome getting the newsletter that way and I'll bet they will be more apt to read it. You might be surprised to know how may members get the newsletter and drop it in the circular file unread!! My CCRs do not state a member must be mailed a copy of the rules, only that they must be maintained in the office of the assn (which we do NOT have) and available to each owner upon request. My CCRs do not even state that an amendment to the CCRs must be mailed to each member, only that it be recorded in the office of the Co recorder. Ditto for the bylaws, except that they do not have to be recorded. Check your CCRs and bylaws. The BOD's only resp. (and soemtimes it's not even their resp!) is to transmit info, not to ensure that info is read!!

In answer to the OP's question; I think the only concern is that each member receive a copy of the newsletter. For those members who have not given the BOD their email addresses, a hard copy must be mailed. Also, I think it would be prudent to let the membership know that in the future the newsletter will be emailed to those members who have given their email address to the BOD.

Mary, I think the issue came up as to what's in the newsletter in an attempt to answer the OP's question.

If the newsletter is simply "newsy" stuff, and not certain types of information that the residents are required to receive, like meeting notices, rules/amendment/CC&R changes, that sort of thing, then it doesn't really matter how it's "distributed."

But if it does contain information that each resident is required to be "noticed" on, UNLESS EACH RESIDENT HAS AGREED TO THE EMAIL FORM OF COMMUNICATION, then they should mail the information, whether in newsletter format or not.

We have over 300 units. We have only 10% of that amount who "agree" to receive email communications from us.

Therefore, when we send out notices that include information like, for example the new "fine schedule" that is going in the newsletter we are mailing this week, we cannot send it email and consider everyone "noticed."

Michele,

I agree with you! The point I was trying to get across is that there's nothing wrong with emailing the newsletter to members who've given their email address to the board, but of course it must be mailed to everyone else, but first the board should publish in the newsletter the fact that future editions will be emailed to those who have an email address.

There was also a lot of discussion about what info could be publihsed in the newsletter. My advice is to check your gov docs on this. I feel 100% certain it is not addressed. IMO, the board can publish whatever info they so choose in the newsletter. My assn publishes the meeting schedule for board and Architectural Comm meetings as a way of abiding by the AZ open meeting law requirements. It is not required that the notice be mailed, only that it be noticed in a "newsletter, conspicuous posting or any other reasonable means as determined by the BOD." As I stated earlier, my CCRs and bylaws do not require that the members be informed of any amendments, do yours? If so, does it state how they must be informed? The only thing that must be noticed "in person or by mail" is the notice of the annual meeting or any special meeting of the members.

the Newsletter a disclaimer: This Newsletter may be a bunch of crap, we try hard but sometimes we make a mistake, just like a newspaper. I caution all you folks who do not read this, your assessments will be double, whereas; all you who do read .. Robert\
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Robert,you mailed me laugh, in a good way that is.

We send out an email newsletter called AaN (Almost a newsletter) and post rule changes, etc. So, also to save money I asked the Association legal if we were required to hard copy all rule changes and mail to homeowners.

Here is his response according to our CRRs.

Answer: The Board is not required to send notice to the owners when the Declaration or Bylaws are changed; however, the owners have the right to inspect the Declaration and Bylaws upon written request to the Board. See Section 9 of Article VI of the Bylaws. I suggest, nonetheless, for purposes of transparency and sound governance that the Board take reasonable steps to put owners on notice of any and all amendments. Notice should be in writing and given by personal delivery, U.S. mail, e-mail, fax, or via a secure website. See Section 1 of Article VI of the Bylaws. A change to a rule is effective when adopted by the Board and after notice to the Owners.

Robert, I am with you 100%.

100%+10%.