Do not overlook the new required notice informing members that they are not required to provide their email address. This may impact various forms that associations provide to members. For example, if you ask for an email address on an architectural form, you now must indicate that they are not required to provide it. Simply put, include “Email (optional)” on all forms which solicit an email address.
Additionally, if the association receives a notice that an email address is no longer valid (such as a bounce-back or error message), the association must resend the notice by mail or to a new email address identified by the member. Make sure you have systems in place that catch this bounce-back and that the information is forwarded or re-sent to the owner immediately, so you are not hindered by timing issues. We would hate for an assessment increase to fail due to an owner alleging that they never received notice of same or an architectural application deemed approved since the notice that the request was denied never made it to the applicable homeowner. This could happen if your association’s governing documents default to approval if denial is not timely given. Don’t let this be the reason you have a hot pink home in your community (unless, of course, your community likes that house color). It is important to note that members who are submitting address changes – including new email addresses – must do so in writing. So, the best way to solicit
this information from owners when the email is bad is to send them a letter with a return envelope. Management companies could prepare a form notice to include with the printed notice you’ll now have to send via mail anyway.
One more thing to update in your annual policy statement this year: for documents requiring general delivery, the association can post the documents to the association’s website if that location is disclosed to the members in the annual policy statement (Civil Code § 4045). It isn’t required, but if an association already has a website, this could be a huge cost savings for your next budget year. Keep in mind that any owner who wishes to have general notices sent to them individually may make that request in writing to the association. Put that on your check list and code your systems so you know who gets paper notice, who gets email notice, and who has consented to general delivery notice via the association’s website.
These changes may be complicated to put to use so start working on it early. The notices that require individual notice are important (annual budget reports, annual policy statements, special assessment notices, election materials, etc.) and can have severe consequences if they are not followed.
As always, if you need assistance or if you botch it, contact the association’s legal counsel for advice.
www.caioc.org
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