December 26, 2012
Blog Sponsored by Taylor & Carls, P.A.
Over the able decade, the use of e-mails and added cyberbanking transmissions has become a mainstay of avant-garde life. Chances are, if you are annual this blog, you await heavily, if not primarily, on your e-mail annual for sending and accepting important claimed and business communications. The affidavit abaft this are bright – it’s convenient, fast, efficient, and, in best cases, free. These appear to be actual ambrosial qualities for affiliation associations, as well. Think of the abeyant accumulation that could be able by sending an cyberbanking apprehension for a Associates Meeting in a ample community, rather than press out and commitment a archetype to hundreds of members. However, afore you alpha accumulation that “master acquaintance list” and reallocating those adored dollars, there are some actual important requirements that charge be followed in adjustment for your affiliation affiliation to booty advantage of this procedure.
Amending the Bylaws
Florida Statute Sections 720.303(2)(c)(1) (for HOAs) and 718.112(2)(d)(6) (for Condos) crave that the Bylaws of an Affiliation accredit the use of electronic transmissions for accouterment apprehension of Board Meetings, Committee Meetings, and Associates Meeting (both Annual and Special). Accordingly, if your Affiliation wishes to accommodate cyberbanking apprehension for these meetings, you charge aboriginal analysis to see if your Bylaws accredit such a practice. If they do not, your Bylaws will charge to be adapted afore cyberbanking apprehension can be used. Depending on your Association’s administering documents, such an alteration could crave the approval of the Board of Directors, a allotment of the Association’s membership, or both.
Obtaining Accord from Owners
Even if your Association’s Bylaws accredit the use of cyberbanking transmissions for the purpose of accouterment apprehension of Board Meetings, Committee Meetings, and Associates Meeting, Sections 720.303(2)(c)(1) and 720.303(4)(g) (for HOAs), and Sections 718.112(2)(d)(6) and 718.111(12)(a)(7) (for Condos), crave that your Affiliation access accord from any affiliate who wishes to accept apprehension via cyberbanking transmission. Moreover, if a affiliate revokes their accord to accepting cyberbanking notice, apprehension by cyberbanking manual charge cease, and the member’s e-mail abode charge be removed from the Association’s official records.
As a applied matter, your Affiliation should access affiliate accord in accounting form. Accord forms should additionally analyze the member’s absolute email abode and accommodate accent that requires any approaching aishment of accord be provided to the Affiliation in writing.
Other Types of Notice
While the aloft referenced statutes accommodate the adeptness to use cyberbanking transmissions for accouterment apprehension of Board Meetings, Committee Meetings, and Associates Meeting, there are added accoutrement in Chapters 718 and 720 of the Florida Statutes that crave added types of apprehension be beatific by approved or certified mail. These include, but are not bound to, notices of absorbed to book lien, notices of absorbed to foreclose, notices of audition on proposed fines or abeyance of rights, and demands for presuit mediation.
If you accept questions apropos these types of notice, or would like to actuate whether cyberbanking apprehension of Board Meetings, Committee Meetings, and Associates Meeting is accessible in your community, amuse argue with your Association’s acknowledged counsel.
This Blog was able by Adam W. Carls, Esq. of Taylor & Carls, P.A. The admonition independent herein should not be acted aloft after able acknowledged advice. The opinions bidding herein are as of the date hereof, and this law close undertakes no obligation to admonish of consecutive changes in the law.
The close of Taylor & Carls, P.A., with offices amid in the Orlando area, Tampa – St. Petersburg area, and Northeast Florida (Jacksonville/St. Augustine/Palm Coast), was founded in 1981 and has accomplished in the breadth of affiliation affiliation law back that date. The close can be accomplished Toll Chargeless at 1-800-395-6235 or locally at 407-660-1040.
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