Email vs Mail

I am a committee member for an HOA in Missouri. We recently took over our HOA from the Developer and are in the process of revising our CC&R's. We routinely send notices to residents via e-mail, and also post the information on our website. For those who do not have email or do not wish to receive notices via email, we hand-deliver hard copies. This has worked well for us in the past; however, we have a new resident who claim MO statute prevents us from corresponding via email and says we must mail via USPS any notices to the residents. I have scoured the net and have been unable to locate any such MO statute to date. I have also searched here and found CA statute which allows document delivery via email, but would love to find something similar for MO. Does anyone have any insight or can point me to a reference for MO law?? Thanks in advance.

WHatever happened to the Missouri State Motto?

If someone makes a claim, ask them very nicely, politely, and kindly to provide the proper documentation and proof, so that you can also learn and grow your understanding of the situation.

Show me! it's not just a motto, it should be a way of life.

Thank you all for your responses... Our CC&R's do not currently address this issue; however, it is one of our planned revisions. We have asked (repeatedly) for the resident to provide a reference; however, she always has an excuse about why she doesn't have it available. I think our response at this point is going to be once she provides a reference, we will look into it, otherwise we will proceed status quo. If anyone else has another idea or point of reference, I'd be glad to hear it...

We had over 100 units and a little trick we found worked well was to have the letters taken to the post office unstamped. We'd then purchase the exact number of stamps needed (which equaled the number of units), plus one more for a registered mail delivery to the association c/o the secretary. The post office receipt would reflect the number of stamps we bought plus the serial number of the registered piece.

At the next board meeting the president would report that the mailing concerning whatever issue was completed on whatever date and request that a copy of the receipt be entered into the minutes. As part of that the secretary would report that the association received registered envelope #XYZ from itself and state that it had been deposited into the records of the association. The board then voted on a motion to declare that the mailing had been delivered pursuant to the requirements of the declaration and bylaws which required first class delivery via US Mail.

Probably a bit of overkill and granted there's no proof that you sent THAT document to THIS particular owner, but it shows that on a certain date the association went through the effort to send a letter to the same number of units it has. The court could open the registered piece to determine the contents. Is it irrefutable? Absolutely not. Does it prove beyond all doubt that you didn't send a letter to the owner in question and used the extra stamp to mail a letter to your Aunt Thelma? No, but it shows good faith on the association's part and most courts are pretty careful to consider the totality of the circumstances.

Dennis, not to burst your bubble, because in the end your HOA has to do what it thinks is right, but it is probably a little bit of overkill.

The courts already consider documents delivered if sent through USPS mail, and an affidavit or sworn testimony (if it comes down to that) that the mailing was made to all members is really all that's needed.

But kudos on thinking ahead.

Janet,
All the replies here are worthy and should be considered seriously. However, from what I read you are just faced with one owner making a half baked statement. You have taken steps to establish the credibility here and conclude you will proceed as before. I think that is a wise move. In general I think you have explained your concerns and even though there may be specific circumstances that may require some change of procedure, your efforts and intent count for something. Also you are not setting precedence, e-mail is used world wide for communication and is rapidly replacing many forms of the written word. My feeling also is influenced by the fact that you have an elected Board to decide this........bottom line. If I thought the Board was overstepping I would voice that, I think they are in bounds and from what we hear are doing a great job. If, as the first BOD after a take over and all you have had a problem with is this one item, I say, good for you all, you got to be doing something right.

I live in Missouri. I konw of no rules. We do communicate by e-mail, but only if the homeowners sign up for that free service. We do mail out the notice for the annual meeting, along with the annual assesmemt bill. Then we toss in the swimming pool pass registration form as well. 1 main mailing a year. yes many say they do not get the mail untill we started to include the swimming pool pass form. no form means no swimming.

I think your resident may be referencing RSMO 448.3-108 although this doesn't look like it would apply to all notices you send out.

Meetings.
448.3-108. A meeting of the association shall be held at least once each year. Special meetings of the association may be called by the president or by twenty percent, or any lower percentage specified in the bylaws, of either the executive board or the unit owners. Not less than ten nor more than sixty days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner. The notice of any meeting shall state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove a director or officer.

Correct me if I'm wrong, but the way I understand things, this statute only applies to condominium communities....

Janet - I did pull that from condo law since that is what applies to us, I missed that you are an HOA.