“Changes in Postmark Rules” – News-Press
Q: I understand that the U.S. Postal Service has recently changed how it applies postmarks to mail. How does this change apply to condominium associations, and should associations change their mailing practices? (W.F., via e-mail)
A: Yes, the United States Postal Service recently adopted the final version of FR Doc. 2025- 20740, which changes how the United States Postal Service applies postmarks. Under the new rule, a postmark is now defined as confirming only the date when the piece of mail was first accepted by automated processing at a processing facility and is not the date the piece of mail was deposited in the United States mail. As such, in many cases the piece of mail will not be accepted at the processing facility until a day or more later than when the piece of mail was originally deposited in the United States mail. Therefore, one cannot rely on the postmark to show the date the piece of mail was actually deposited in the U.S. mail.
This is important to community associations because there are notices and other communications which must be mailed by the association by certain dates. While neither Chapter 718, the Florida Condominium Act, nor Chapter 720, the Florida Homeowners Association Act, specifically reference postmarks as the determining factor for the date something is mailed often parties rely on the postmark as evidencing the date the piece of mail was placed with the United States Postal Service. While the statutes require that the timely mailing of certain notices be evidenced by executed affidavits of mailing, there is no express affidavit requirement for demand letters, fining notices, and other mailings routinely made by community associations. In those instances, where the evidence of timely mailing needs to be demonstrated, the association should either take their piece of mail to the post office and ask that it be postmarked there in person, or stamped with a certificate of mailing. Alternatively, the association could also execute an affidavit of mailing for those other items where such affidavit is not explicitly required by the statute.
As such, community associations should be aware of the change in the post office’s postmark rule and take appropriate steps to ensure that any piece of mail that is sent by the association which must be sent timely is properly evidenced by either a postmark applied in person at the post office or by a properly executed affidavit of mailing. Should any association have further questions about how to comply with the mailing requirement under the new rules, they should consult with their legal services provider.
Q: My condominium association intends to hold its annual meeting by video conference. We were told that in addition to the link to the video conference service, we must also provide a telephone number so owners can dial in. This seems to defeat the purpose of having the video conference. Must a telephone number also be provided? (W.D., via e-mail)
A: Yes, a telephone number must also be provided. Section 718.103(33) of the Florida Condominium Act (the “Act”), sets forth the definition of a video conference as used in the Act, and provides that ““Video conference” means a real-time audio and video-based meeting between two or more people in different locations using video-enabled and audio-enabled devices. The notice for any meeting that will be conducted by video conference must have a hyperlink and call-in conference telephone number for unit owners to attend the meeting and must have a physical location where unit owners can also attend the meeting in person. All meetings conducted by video conference must be recorded, and such recording must be maintained as an official record of the association.”
A condominium association that wishes to hold a membership meeting, or any other meeting, including board meetings, by a video conference, must give notice that includes both the “hyperlink” for the video conference service as well as a call-in conference telephone number that owners can use to attend the meeting. Additionally, there also must be a physical location for the meeting where owners can attend in person, and the meeting must be recorded.
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.
