It is 2019 and e-mail has, for many, replaced the U.S. Postal service and our voicemails. In the community association setting, many boards send their members communications regarding construction projects, newsletters, and simple FYIs via e-mail and members respond in kind. For the most part, this is appreciated. The problem is that many associations are also sending notices of formal board/member meetings this way. Why is this a problem if it saves time, and copies, and postage fees after all? Because in order to properly notice a meeting by e-mail, the member must have consented in writing to receive the notice. This consent must be specific and can be revoked at any time. Without the consent, if the association simply transmits its annual meeting notice by e-mail and fails to also post it and mail/hand-deliver it for example, then the notice is improper and the meeting will need to be rescheduled.
So what happens when only some but not all members consent to e-notice? In those instances, the association can e-mail the notice to those who have consented but must still mail/hand deliver it to all non-consenting owners.
Remember that pursuant to the Condominium Act, e-mail addresses and fax numbers provided for the purpose of receiving e-notice (pursuant to written consent) are subject to inspection as part of an official record inspection, otherwise they are not. In the homeowners association setting, e-mail addresses and fax numbers must be removed from the official records of the HOA when the consent for e-notice is revoked.
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