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Subject: Annual or Special Meeting notice late
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JM16
(North Carolina)

Posts:24


11/04/2016 12:28 PM  
In NC, the HOA's CCR's specifically state for any actions proposed at the annual or special meeting there must be a notification mailed to each homeowner no later than 15 calendar days and no less than 30 calendar days.

The management company did not appear to mail these timely so they were delivered after the 15 day notification period had passed and is unfortunately missing a mail or date stamp to show it was mailed timely.

Can this special meeting still occur or will any actions planned at it be in direct violation of the CCRss?



KerryL1
(California)

Posts:8729


11/04/2016 3:44 PM  
Are you on the board and concerned about the competency of the MC?

Or, not on the Board and but you feel that you and other H/Os don't have enough time to decide whether to attend? Sounds like this is an annual or special meeting of the Members not a special meeting of the Board, right?

Are you sure the required notice time is in the CC&Rs and not the Bylaws?

I suppose one could make a fuse about this, but you might have to go to court or something. Is it worth it?

JohnC46
(South Carolina)

Posts:11665


11/04/2016 4:06 PM  
JM16

By how many days?

Also some times are considered as the date mailed, not the date received.
TimB4
(Tennessee)

Posts:17852


11/04/2016 4:52 PM  
I've noticed that the Post Office seems to rarely postmark letters anymore. We mailed our notice on time and without the postmark, it's difficult to be sure when it was mailed.

As others have said, the date is determined when the mail is given to the post office, not when it is received.
JM16
(North Carolina)

Posts:24


11/05/2016 3:20 PM  
Posted By JohnC46 on 11/04/2016 4:06 PM
JM16

By how many days?

Also some times are considered as the date mailed, not the date received.




3 days
TimB4
(Tennessee)

Posts:17852


11/05/2016 6:30 PM  
I found this info on the San Fransisco Treasurer website



POSTMARKS are imprints on letters, flats, and parcels that show the name of the United States Postal Service (USPS) office that accepted custody of the mail, along with the state, the zip code, and the date of mailing. The postmark is generally applied, either by machine or by hand, with cancellation bars to indicate that the postage cannot be reused. Foreign postmarks and private metered postage are not acceptable.

Taxpayers who send their payments by mail are cautioned that the USPS only postmarks certain mail depending on the type of postage used, and may not postmark mail on the same day deposited by a taxpayer.

Postage that is postmarked:

STANDARD POSTAGE STAMPS: Stamps purchased and affixed to mail as evidence of the payment of postage.

Postage that is not postmarked:

METERED MAIL: Mail on which postage is printed directly on an envelope or label by a postage machine licensed by the USPS. Many private companies use these types of postage machines.

PRE-CANCELED STAMP: Stamps sold through a private vendor, such as stamps.com®.

AUTOMATED POSTAL CENTER (APC) STAMPS: Stamps, with or without a date, purchased from machines located within a USPS lobby.

PERMIT IMPRINT: Pre-sorted mail used by bill pay services, such as online home banking.


I also found this advice interesting: Office of Chief Counsel Internal Revenue Service
SueW6
(Michigan)

Posts:814


11/06/2016 3:46 PM  
Calendar days or work days late?
JM16
(North Carolina)

Posts:24


11/07/2016 8:55 AM  
Calendar.

We have proof from the subcontractor that they were mailed on the 31st so we should be ok if we end up with a legal challenge...and given the mood of about 1-2% of the neighborhood, that might not be out of the question.

WaltH1
(North Carolina)

Posts:18


06/19/2021 6:42 PM  
Sure the meeting can still occur, JM. Until someone call them on their mistake HOA Boards can and do sometimes violate their CC&R's. In addition to your CC&R's, check the NC statutes that apply to your HOA. There are several. Their application has a lot to do with how old your HOA is. Is it incorporated? Most should be. NC's Statute 55a, the Not for Profit Act has a section on that, as well as the Statutes covering your HOA. Most NC Statutes take precedence over CC&R's and will state early on if they don't. I'm not a lawyer, but have been battling my HOA for several years. Lawfirmcarolinas.com is a great source for homeowners and HOA's alike with useful free info.
CathyA3
(Ohio)

Posts:2599


06/20/2021 5:08 AM  
Posted By JM16 on 11/04/2016 12:28 PM
... snip ...

The management company did not appear to mail these timely so they were delivered after the 15 day notification period had passed and is unfortunately missing a mail or date stamp to show it was mailed timely.

... snip ...




There seems to be some uncertainty about this.

Is this a one-off (assuming that the notices were in fact not mailed in a timely fashion) or is this the latest in a string of things that don't comply with the CC&Rs?

Bottom line: what do you plan to do about it? Legal action (which means time/money/effort spent on this)? Use it as a campaign issue to elect new board members and get a new PM in place (which means MUCH time/effort and you'll need more competent individuals willing to step up and do the jobs)? Take to social media in high dudgeon? Other?

Given that the USPS has basically been routing our mail via Kuala Lumpur for months, I wouldn't assume anything without a legible postmark on the mail - and not even then because the mail may not have been postmarked the day the USPS received it (reduced staff, among other things).

In short... is this the hill you want to die on? You can, of course. But if this is a one-off and you're just itching for a fight over it, I would suggest that you look for something that would make a better case.
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Forums > Homeowner Association > HOA Discussions > Annual or Special Meeting notice late



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