Comments on: What Are Some of The New HOA & Condo Laws for 2010? http://condolawguru.com/2009/11/what-are-some-of-the-new-hoa-condo-laws-for-2010/ Condo Law & HOA Law for Boards & Owners Thu, 03 May 2012 06:34:02 +0000 hourly 1 http://wordpress.org/?v=3.2 By: Beth Grimm http://condolawguru.com/2009/11/what-are-some-of-the-new-hoa-condo-laws-for-2010/comment-page-1/#comment-350 Beth Grimm Mon, 30 Nov 2009 00:30:38 +0000 http://condolawguru.com/?p=95#comment-350 Some things under the Davis Stirling Act may be delivered by any means reasonably intended to reach the owners such as putting the information in the newsletter or on a website. The idea is to NOT EXCLUDE those who do not have access to the internet. As for meeting notices, agendas, and the like, the Board may deliver the information to owners by hand, through a newsletter or general mailing, or by posting in a conspicuous place in the common area and many believe posting on a website is fine too. Owners can request a mailed copy and the Board has to comply. If a board wanted to send email notices to owners, I do not see a barrier, but would suggest that the board seek consent of the owners to use their email for this purpose. One way to accomplish that would be to send out an inquiry letter asking all owners who would consent to having notices sent this way return the form with their email address. If an owner returned their email address, then I would think it legal to provide notice to that person by that means. The "electronic signature" requirement would be more important for things like consent to receive disciplinary or hearing notices or budget and reserve or annual packets and the like via email. One can see it as complicated, or fairly simple. If the board has an email list, and sends out an inquiry to that list, and asks for responses to a question about consent of delivery of certain notices, and receives an email okay with the person's name on it from any of the recipents, that will probably suffice as adequate in most cases involving notice of association disclosures or letters, meeting notices or agendas. Some things under the Davis Stirling Act may be delivered by any means reasonably intended to reach the owners such as putting the information in the newsletter or on a website. The idea is to NOT EXCLUDE those who do not have access to the internet. As for meeting notices, agendas, and the like, the Board may deliver the information to owners by hand, through a newsletter or general mailing, or by posting in a conspicuous place in the common area and many believe posting on a website is fine too. Owners can request a mailed copy and the Board has to comply. If a board wanted to send email notices to owners, I do not see a barrier, but would suggest that the board seek consent of the owners to use their email for this purpose. One way to accomplish that would be to send out an inquiry letter asking all owners who would consent to having notices sent this way return the form with their email address. If an owner returned their email address, then I would think it legal to provide notice to that person by that means. The “electronic signature” requirement would be more important for things like consent to receive disciplinary or hearing notices or budget and reserve or annual packets and the like via email. One can see it as complicated, or fairly simple. If the board has an email list, and sends out an inquiry to that list, and asks for responses to a question about consent of delivery of certain notices, and receives an email okay with the person’s name on it from any of the recipents, that will probably suffice as adequate in most cases involving notice of association disclosures or letters, meeting notices or agendas.

]]> By: C A Goldman http://condolawguru.com/2009/11/what-are-some-of-the-new-hoa-condo-laws-for-2010/comment-page-1/#comment-331 C A Goldman Sat, 21 Nov 2009 01:25:35 +0000 http://condolawguru.com/?p=95#comment-331 We currently hand deliver board meeting minutes and agendas to each owner's door. Since there are almost 200 units, this costs a substantial amount of time and money. We have been thinking of sending this material via e-mail, but the new laws make it sound impossibly complex. What exactly is ''electronic signature''? Are all HOAs that use e-mail for delivery now in violation of the law unless they obtain ''electronic signature'' and display a laundry list of disclaimers in order to avoid liability issues?? We do not want to resort to the ''ask for it and pay us'' style, but we would like to save money. What are your thoughts? We currently hand deliver board meeting minutes and agendas to each owner’s door. Since there are almost 200 units, this costs a substantial amount of time and money. We have been thinking of sending this material via e-mail, but the new laws make it sound impossibly complex. What exactly is ”electronic signature”? Are all HOAs that use e-mail for delivery now in violation of the law unless they obtain ”electronic signature” and display a laundry list of disclaimers in order to avoid liability issues??

We do not want to resort to the ”ask for it and pay us” style, but we would like to save money.
What are your thoughts?

]]> By: Beth Grimm http://condolawguru.com/2009/11/what-are-some-of-the-new-hoa-condo-laws-for-2010/comment-page-1/#comment-323 Beth Grimm Wed, 18 Nov 2009 18:58:17 +0000 http://condolawguru.com/?p=95#comment-323 It seems clear that the new electronic signature requirement tied to the electronic notice option is available for any notices that allow for electronic mail as an option either in the law or your association governing documents. But be careful because the way the electronic mail statute works is that it allows that form of mail only for those items that are authorized to be sent that way, either by the law or the governing documents and it requires consent of the owner who is to receive it. In any case, the law does not give boards the right to switch to electronic notice for all kinds of association notices - and it recognizes that many people still live in the snail mail world and they deserve to get notices of all kinds just like those who live in the fast paced world. I do believe, however, that if an owner consents to receiving notices via email using an "electronic signature", that would be another form of authorizing the email use - for that owner. And I suggest, Boards, that the consent form supplied to members lists <em><strong>every form of notice you intend to send via email to that owner. </strong></em> Because about the time you send them a diciplinary hearing notice or a notice relating to a delinquent account - and they do not acknowledge it, and it was not on the list - you have jeopardized your process. And one more thing, I would definitely not suggest that you try and supplant requirements in the law to send any notice by certified mail - return receipt requested - with email notice. You can do both, but again, if you fail to send the certified notice and retrieve a signature, your process could be jeopardized. It seems clear that the new electronic signature requirement tied to the electronic notice option is available for any notices that allow for electronic mail as an option either in the law or your association governing documents. But be careful because the way the electronic mail statute works is that it allows that form of mail only for those items that are authorized to be sent that way, either by the law or the governing documents and it requires consent of the owner who is to receive it. In any case, the law does not give boards the right to switch to electronic notice for all kinds of association notices – and it recognizes that many people still live in the snail mail world and they deserve to get notices of all kinds just like those who live in the fast paced world. I do believe, however, that if an owner consents to receiving notices via email using an “electronic signature”, that would be another form of authorizing the email use – for that owner. And I suggest, Boards, that the consent form supplied to members lists every form of notice you intend to send via email to that owner. Because about the time you send them a diciplinary hearing notice or a notice relating to a delinquent account – and they do not acknowledge it, and it was not on the list – you have jeopardized your process. And one more thing, I would definitely not suggest that you try and supplant requirements in the law to send any notice by certified mail – return receipt requested – with email notice. You can do both, but again, if you fail to send the certified notice and retrieve a signature, your process could be jeopardized.

]]> By: C A Goldman http://condolawguru.com/2009/11/what-are-some-of-the-new-hoa-condo-laws-for-2010/comment-page-1/#comment-322 C A Goldman Wed, 18 Nov 2009 06:15:32 +0000 http://condolawguru.com/?p=95#comment-322 Do the new requirements for electronic notice apply to any type of notice, such as Board Meeting Agendas, Minutes of Board meetings, newsletters, etc., or do they only apply to notices that were previously required to be mailed? Do the new requirements for electronic notice apply to any type of notice, such as Board Meeting Agendas, Minutes of Board meetings, newsletters, etc., or do they only apply to notices that were previously required to be mailed?

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