In the first article in our series on community association meetings we addressed meeting basics, in this article we will dig deeper into statutory meeting notice requirements for homeowners and condominium associations. The statutory requirements addressed in this article are necessarily general – any particular association’s governing documents or specific situation can impact and change the required notices, content and methods of delivery for those notices.
Content – What Must Be in a Notice? Every meeting notice must contain, at a minimum, the date, time and place of the meeting. In many instances the purpose(s) of the meeting (that is, the agenda) must also be contained in the notice. For condominiums, all board meetings and all members meetings must contain an agenda and for HOAs, special members meetings are required to contain an agenda. In addition, some meeting subjects have special content requirements imposed by statute, including meetings where assessments will be considered, in which case the following specific statutory requirements apply:
- HOA’s. For HOAs, notice of any meeting at which assessments will be considered must state that assessments will be considered and identify the nature of the assessments.
- Condos. For condominiums, a copy of any proposed budget to be considered at a meeting must be included with the notice, and if the meeting is for special assessments, the notice must contain the purpose and estimated cost of the special assessment.
Timing – How Much Notice is Required? For both HOAs and condominiums, board meetings generally require 48-hour posted notice and members meetings generally require 14-days’ posted and mailed, delivered or electronically transmitted notice. However, some notable situations that require greater notice include:
- Special Assessments. For both HOAs and condominiums, meetings where special assessments will be considered require a 14-day posted and mailed, delivered or electronically transmitted notice to members.
- Rules. For both HOAs and condominiums, meetings at which rules regarding parcel/unit use will be considered require a 14-day posted and mailed, delivered or electronically transmitted notice to members.
- Insurance Deductible. For condominiums, meetings at which the Board sets the deductible for its property insurance policy require a 14-day posted and mailed, delivered or electronically transmitted notice to members.
- Adoption of Online Voting Resolution. For condominiums and HOAs, meetings of the Board to adopt a resolution regarding online voting require a 14-day posted and mailed, delivered or electronically transmitted notice to members.
Electronically Transmitted Notice – Can We Email Notices? While electronic transmission of board and meeting notices are authorized methods of delivery for both HOAs and condominiums in most instances (notices of meetings called to vote on a recall cannot be electronically transmitted in either HOAs or Condos), unless members have expressly consented in writing to receiving notices electronically, associations must nonetheless also mail or personally deliver the notices.
Posting on Association Website – Must Notices be Posted on Our Website? Condominiums of 150 units or more are required to post digital copies of all meeting notices on their website or app, including the agenda and any other document required for the meeting, within the same timeframes required for giving of notices.