Use of Email Noticing to the Membership “Faster for sure…but wait…not so fast”

Homeowners Association members can opt to receive most notices by email as long as they do so in writing and the Member’s consent to accept email notices is made revocable at will by the member. The consent forms must be retained as an official record of the association and is subject to the inspection and production rights of other Members pursuant to Florida’s Homeowners Association Act, Fla. Stat. §720. 303. Thus, while the Association does not disseminate other members’ email addresses to other members, forms submitted by a Member consenting to email delivery of formal notices can be viewed and copied causing the loss of the privacy of a Member’s personal email. Importantly, there are a few types of notices that cannot be sent by electronic transmission even if the Member has consented to receive official notices by e-mail. These include certain notices related to (i) recall meetings, (ii) notices given in connection with the collection of delinquent assessments, (iii) certain demand notices regarding violations of covenants and restrictions, and (iv) notices under the Florida Homeowners’ Association Act demanding participating in mandatory pre-suit mediation. Furthermore, the fact that an Association may have permission to use electronic notice for certain members does not mean that the Association is obligated to do so. The existence of certain members consenting to electronic delivery of notices does not obviate the Association and the Association’s property management company to still do regular mail delivery for non-consenting Members. Email authorization sometimes is looked upon as creating an additional burden on the Association and property management company by having to oversee two separate notice delivery systems. Lastly, legal issues could arise as involving a Member challenging the validity of a meeting and events which transpired at that meeting. This could occur where a Member who receives an e-mail notice has changed their e-mail address and then claims no proper email delivery of the noticed event occurred. In sum, emails, while it is the way we primarily communicate, has its disadvantages in the world of community association noticing procedure.