3 good reasons to ask condo/HOA members to sign an electronic communications consent form

Date Published : Sep-06-2024

Written By : Kim Brown

While every condo and HOA member has the right to receive documents and notices by mail or personal delivery, many of the items that an association mails out can be delivered electronically.

   

Download our free electronic communications consent form

   

If you think some of your members would prefer receiving notices or reports online, embrace the change and take the greener approach. Just make sure to get their written consent first before you start sending important information to their email accounts.

   

Table of contents

   

You cannot force owners to use email

Not everyone can or wants to use email, and there is no way that a condo or HOA can force any owner to use email to get their information.

You can send out an annual electronic communications consent form though so that owners are aware of the option.  

Once you send out a consent form, it’s important to create a database for all of the members who have provided consent. The database will need to be updated at least once every year since email addresses may have changed.

Owners also have a right to revoke their consent to receive communications and documents electronically at any time, and their data should be removed from this database as soon as the request is processed.

   

Most condos and HOAs have the option to share documents electronically

Laws regulating electronic communications have changed since the 2020 pandemic. Before covid, many condos and HOAs would have needed a bylaw in place to send information electronically. However, the rules are much less stringent now since the benefits of digital communications have proven to be far more significant than the drawbacks.   

For example, as of 2023, Ontario condominiums can issue meeting notices and other materials to owners that they can reach electronically, provided there aren’t any bylaws that prohibit it and owners have not specifically requested paper notices.

In California, documents may be delivered by email, facsimile, or other electronic means, if the association has assented to that method of delivery.

Furthermore, associations were required to request members’ preferred delivery method (email, mail, or both) for notices and disclosures as of 2022. In addition, associations must annually give notice that members are not required to provide their email addresses to the association for a membership list (which the association is obligated to maintain).

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

As always, check local laws and your governing documents to ensure that owners can receive electronic communications if they want to get their information this way.

   

What types of things can the condo/HOA send to owners?

Barring any bylaws that restrict what they can send to owners, condos and HOAs may deliver the following items electronically:

  • year-end review of financial statements
  • secondary address notification requests
  • newsletters
  • meeting notices
  • notices of member petitions to change rules
  • architectural change notices
  • operating budgets
  • reserve funding plans
  • fine schedules
  • alternative dispute resolution guides
  • assessment/reserve funding disclosure summaries
  • notices of proposed and adopted rule changes
  • collection policies
  • insurance coverage summaries

   

3 good reasons to ask members to sign an electronic communications consent form

Several condo and HOA members prefer to receive information electronically because it is simpler and more convenient. The same is true for staff who are responsible for sending out information.

Digital information can be delivered in minutes instead of days, and it can be sent or reviewed from a smartphone. This helps communities stay engaged, even if they aren’t at home.

Communication continues to be a struggle for residential communities, but digital communication may be one way to help resolve this issue.

   

1. The community saves money

Everyone feels good about saving a few dollars, and it’s easy for a condo or HOA to reduce print, ink and mailing fees when owners agree to receive information digitally.

While it might seem insignificant, let’s do a quick calculation to demonstrate how transitioning to electronic communications can have a positive impact on your bottom line.  

If you spend a total of $15 a year sending forms, documents, packages, notices, etc. to each owner, and your community has 300 lots or units, that’s $4,500 total (but some communities spend a lot more). 

If just 40% of those lots or units requested to receive documents via email, the community would save $1,800 every year, and those savings are ultimately passed on to the owners.

   

2. Staff increase communication efficiencies

When you’re trying to reach hundreds or even thousands of members, efficiency matters. However, it could take staff several days to complete a tedious task like sending out annual assessment costs to each member, especially if different owners pay different amounts.

But property managers and board members can use tools, such as Condo Control’s budget mail-out feature, to send out individualized fees online. By using a digital platform and sending out notices of assessments online, staff save hours of valuable time, and recipients get the information they need right away.

On a similar note, if an owner requires a form or documents, a staff member can deliver it via email instead of having to print and mail the item.

Increased communication efficiencies lead to happier, more informed owners, and more productive communities.

   

3. People can better prepare for emergency situations    

In the rare case that management needs to reach members due to a potential natural disaster or other emergency, having the option to send out notices electronically may be invaluable.

The association can provide critical information, including where to go if members must evacuate, and send it out instantly. When every second counts, condos and HOAs are relieved to know that they can connect with owners right away.

   

How to get owners to opt in

It’s unlikely that every owner will want to receive electronic communications from the association, but with a bit of persistence and a simple opt-in process, most communities should see at least a 30% participation rate. Keep in mind that that number could be a lot higher if your members prefer doing things online.

   

Explain how the offer benefits them

Owners won’t care that this method of communication lightens the workload for staff, but they will care if there’s something in it for them.

Mention the increasing costs of printing and mailing letters, and remind owners that those expenses are ultimately passed on to them.

Similarly, highlight the convenience of being able to return forms electronically (if that is an option) instead of having to bring them back to an office or mail them back to the association.    

   

Make it easy for owners to opt in

The opt-in process must be simple or owners won’t do it. If the condo/HOA already has a website, upload an electronic communications consent form there. Give owners the option to return the form through the website, or in person.

You can also distribute these forms by hand or send them to each unit/lot through the mail.   

Don’t forget to let owners know that they can revoke consent at any time.

   

Offer an incentive

Depending on laws and community bylaws, it may be possible to offer owners a small incentive for switching to electronic communications. While this may negate some savings for the first year, it will be worth it in the long run if you’ve converted more owners using the promise of a small gift.

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