Email remains the most used form of communication on the planet. Approximately 376 billion emails are sent globally each day, demonstrating just how much we rely on this communication channel now.

While instant messaging, SMS and other communication channels are fast and easy to use, most of us still prefer to type out an email when we need to communicate or send something of importance.

Table of contents

• Condos and HOAs must provide residents with options
• Email laws in Ontario
• Email laws in Florida
• Email laws in California

Email is the unofficial system of record for personal and business communications because it is accessible, efficient and flexible.

Many condo and HOA communities are using email to communicate with residents because it is more cost-effective, and generates higher engagement rates.

But not everyone loves email. There are still some residents who don’t feel comfortable using electronic communication, or who just prefer having paper copies of important documents.

However, if 95% of the community wants to receive digital notices, can a condo or HOA force the remaining 5% to use email?

Condos and HOAs must provide residents with options

Residents cannot be forced to receive community notices and documents via email. Enforcing something like this would not be fair to people who don’t have access to internet or who are uncomfortable using email.

While having an email address comes with a lot of benefits, it’s not a prerequisite to become a member of a governed community.

That said, electronic communication rules vary depending on where you live. Some residents may have to opt in to receive email from management or the board, while others might need to opt out. Take a look at how different places handle this matter.

Ontario

Condo residents in Ontario can receive notices and documents without having to submit a formal written request. It seems that most people (management and residents) like this system.

Section 47(4) of the Condo Act regulates how notices can be given to owners (and residents).

Methods of accepted service include:

• by personal delivery
• by traditional mail
• by delivering notices to the owner’s unit or mailbox, unless the owner has requested that such manner of service not be used
• by electronic communication, unless the corporation has a bylaw prohibiting service by electronic communications

Residents do not need to formally opt in

To be able to send notices by email, the resident’s email address must have appeared in the records that the corporation is required to maintain under section 46.1 of the Condo Act.

With the latest changes to the Condo Act, condo corporations are entitled to add these email addresses to their records, and use them for service of notices.

In short, if you send an email to a board member or property manager, you are essentially consenting to receive future communications through this channel, unless there is a bylaw prohibiting it.

Owners and residents can absolutely opt out and request to receive communications another way. To do so, all they need to do is provide the corporation with a written request that the email address not be used to serve notices.

What if the owner uses more than one email address, though?  Legal professionals suggest that the corporation has the option to use any email address, so if you don’t want condo emails going to your work account, don’t send messages from there.

Interestingly, it is not likely that a corporation is completely precluded from communicating with a resident by email, even if the owner has opted out of email service of notices. An opt out request only applies to the formal service of notices required under the Act.

Florida

In Florida, owners must opt in to receive communications from an association by email.

Owners can ask to receive most notices electronically, as long as they do so in writing, and they have the option to revoke consent at any time. The consent forms must be retained as an official record of the association, and are subject to the inspection and production rights of other owners pursuant to Florida’s Homeowners Association Act, Fla. Stat. §720. 303. 

That stipulation may discourage some people from consenting to receiving digital communications, however, others would argue that providing members with an email address is the same as sharing a physical mailing address.  

Associations may provide notice by electronic transmission in a manner authorized by law for meetings, including annual and special meetings.

Associations cannot use email for all notices, even if owners have opted in

Importantly, there are a few types of notices that cannot be sent by electronic transmission, even if an owner has consented to receive official notices by e-mail.

These include notices related to:

• recall meetings
• collection of delinquent assessments
• certain demand notices regarding violations of covenants and restrictions
• demands that an owner participate in mandatory pre-suit mediation

The fact that an association has permission to use email to communicate with owners does not mean that it is obligated to do so.

California

Unlike other setups where owners tell their condo or HOA if they prefer email communication, associations in California must ask owners how they want to receive official notices. This requirement came into effect in 2022.

If they choose email, owners can revoke consent. They can also ask to receive email if they had previously asked for physical notices to be mailed to their home address.

Moreover, associations must annually give notice that owners are not required to provide their email address to the association for the membership list, which associations are obligated to maintain. This notice must be given no later than 30 days before mailing the annual budget report.

Note that opting out does not mean owners are immune from contact with other members. The statute that allows opting out also says that associations must provide alternative means for contacting members.

Associations must use the communication method that owners ask for

Documents and notices that are required to be provided by “individual notice” or “individual delivery” must be delivered by the preferred delivery method specified by the owner.

If an owner does not provide a preferred delivery method, notices must be delivered by first-class mail, registered or certified mail, express mail, or overnight delivery by an express service carrier addressed to the recipient “at the address last shown on the books of the association.”

Associations and management companies cannot sell or transmit personal information without the owner’s consent.

Finally, associations can offer their members incentives, such as gift cards or bottles of wine, to encourage owners to switch from paper to electronic delivery of disclosures, notices, and documents.

Conclusion

Condos and HOAs that use email to communicate with residents can save thousands of dollars each year. Not only is it a cost-effective communication method, but it is fast and effective. People are more likely to open and read an email than traditional paper mail.  

Nevertheless, residents who do not want to make the switch cannot be forced to do so.

Asking for communication preferences is the best way to make all residents happy. Ensure to update opt-in lists annually, and follow any other rules or laws that govern electronic correspondence in your area.