Important Follow Up – Electronic Notice Law

As a quick follow up to my post below, I want to point out that another law goes into effect on May 10 allowing both condo and non-condo HOAs to stop mailing out notices to homeowners and to instead provide notice by electronic means, such as by email or by posting on the association’s website (or even by text message), if it’s authorized by the CC&Rs, bylaws or rules, and if, considering all the circumstances, the notice is fair and reasonable.  The new law will be in the Condo Act at § 57-8-42, and in the Community Association Act at § 57-8a-214.

The reason I’m mentioning this as a follow up to my post below is that, because of the new requirements for adopting new rules in non-condo HOAs which I explain below and that go into effect on May 10, a board may want to quickly meet (or take action by written consent without a meeting) before then and adopt a rule authorizing notice by electronic means.  Even if it’s too late for that, every board should definitely consider this important tool, at the very least for certain types of notice.

Curtis G. Kimble

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2 Responses to Important Follow Up – Electronic Notice Law

  1. pamchris says:

    Is an electronic vote by members of an HOA considered a legally valid vote?

    • Curtis G. Kimble says:

      Generally speaking, yes. Just because a vote was conducted electronically does not affect its validity generally. Utah law (the Utah Uniform Electronics Transactions Act) states that transactions and signatures in records may not be denied legal effect solely because they are conducted, executed, or prepared in electronic form.

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