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Subject: Posting of Notices...
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Author Messages
RandyS
(Colorado)

Posts:29


11/30/2005 10:13 PM  
When it comes to posting of the notices for the benefit of the homeowners. Can anyone tell me where is would be considered *Illegal* to post such notices?

Thanks,

R
KathyS
(California)

Posts:145


12/01/2005 8:02 AM  
Our governing documents state notices have to be in a location that is visible to all the members of the association. In our case, the wall by the pool and by our front gate. In other words, common areas.

I would think illegal would include private property such as a Board members residence where you don't have access without trespassing nor can you put them in mailboxes without postage.

I would need a clearer explaination of where they are posting the notices to decide if it was illegal or not. I've never seen this question anywhere before. Usually it is a matter of them not posting notices at all.
DaveD
(Florida)

Posts:15


12/01/2005 8:47 AM  
It may differ from state to state. In FL it is legal and customary to post a notice 48 hours in advance of the meeting near the entry to the community. However, it is also legal to provide snail mail notice - or - email. We have a small community of 32 homes, so I prefer email.

Dave
RandyS
(Colorado)

Posts:29


12/02/2005 6:07 AM  
Hi Kathy & Dave,

I'm not sure how the law reads in regards to posting of such notices being affixed via whatever means to that of mailboxes. I heard mention that it was illegal to affix things to mailboxes.

That's why I asked the question in the format I did, to avoid a leading question there, but I should have been a bit more direct in retrospect.

I would think the law regarding mailboxes wouldn't be independant per state, rather unified throughout the United States.

Thanks,

R
KathyS
(California)

Posts:145


12/03/2005 10:49 AM  
Your best bet is to call the post office and ask if it's ok to put something on the outside of a mailbox. it is illegal to put something inside a mailbox for delivery without postage. I have read it both ways about the outside of a mailbox.

Legal or not, it doesn't seem like a very good way to try and deliver something.
RogerB
(Colorado)

Posts:5067


12/04/2005 10:05 AM  
RandyS, in many subdivisions people tape notices to the side of communal mailboxes, including HOA info. In Colorado the post office has told people this is not legal and to stop doing it. But they continue to tape them and as their managing Agent I remove them after they are no longer timely. I have not heard of anyone being fined or being warned about a fine.

Is your concern in regards to the Colorado SB-100 statute about publically posting notices of meetings? The approach I toke was to draft amended Bylaws to allow all notifications by e-mail, since the Declarations of the associations I manage stated "notification by mail" but did not specify which type mail. Then all owners provided a Notification Request Form, such as the following:

___________ Homeowner’s Association, Inc.

Notification Request Form

Owner’s Names:_____________________________________________________
(print all Owner’s names)
Signature:_______________________________________________________

Street Address:___________________________________________________

E-mail address: ____________________(indicate none if not available)

Home phone number: ___________________________

I hereby request receipt of official notifications from ___________ Homeowners Association via: E-mail _____ OR First Class Mail _____

Selecting the e-mail option will reduce mailings costs. Also, you will be e-mailed notices of all meetings, minutes of all meeting, and the monthly financial reports.

This notification should be e-mailed, faxed, or mailed with an owner’s signature to:
DARCO, e-mail: [email protected], fax: 303 9251397

Thank you,
Roger Borcherding, Managing Agent

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Forums > Homeowner Association > HOA Discussions > Posting of Notices...



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