“Can Associations Require Owners to Receive Notices by E-Mail Only?” – News-Press
Q: I am the treasurer of my condominium association, and we are looking for ways to save our community money. One proposed solution is to send notices to owners only by e-mail, thereby avoiding postage, copying, and mailing costs. May an association require all owners to receive notices by e-mail only? (C.R., via e-mail)
A: The short answer is no. Although Florida law permits condominium and homeowners’ associations to deliver many official notices electronically, an association generally cannot require every owner to accept e-mail as the exclusive method of notice.
For condominium associations governed by Chapter 718, Florida Statutes, the Florida Condominium Act, certain notices, including notices of budget meetings, meetings to consider special assessments, and membership meetings, must be provided in the manner required by the Condominium Act. Depending on the type of notice involved, this may require mailing or hand-delivery, posting on the condominium property, or both.
E-mail may substitute for a mailed or hand-delivered notice when a unit owner has consented to receive official notices electronically. The key word is “consent.” Simply having an owner’s e-mail address does not mean the owner has agreed to receive statutory notices by e-mail.
Homeowners’ associations governed by Chapter 720 operate under a similar rule. An HOA may provide meeting notices and certain other official communications electronically to members who have given written consent. Owners who have not consented must continue to receive notices by mail or hand-delivery.
Associations should also distinguish between official notices and routine communications. Boards may use e-mail for newsletters, social event reminders, maintenance updates, hurricane information, and other courtesy communications. However, when Florida law requires a particular notice, imposes specific delivery deadlines, or requires posting and an affidavit of notice, a simple e-mail blast may not be enough.
An association seeking to reduce mailing costs should implement a clear electronic-notice program. Owners can be asked to complete a consent form identifying the e-mail address to be used for official notices. The association should retain these consents, keep its e-mail list current, document the transmission of notices, and maintain a process for owners to update their e-mail addresses or revoke consent. If an e-mail is returned as undeliverable, the association should investigate promptly rather than assume valid notice was provided.
Owners should also be aware of the records’ implications. Both the Condominium Act and the Homeowners’ Association Act permit inspection of an e-mail address provided to the association for purposes of receiving official notices.
Electronic notice can save money and improve communication, but it is not a complete substitute for traditional notice requirements. The safest approach is to obtain and retain written consent from participating owners, comply with the specific requirements applicable to each notice, and continue using an authorized non-electronic delivery method for owners who have not opted in.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.
