Technology continues to move forward at an astonishing pace. Does your girlfriend’s HOA use the latest technology for maximum benefit to its members?What is the HOA rating?
Here’s what you can do to get the most out of your technology with HOA.
website: Today, HOA websites are so popular that the California Real Estate Association was the first to propose legislation in 2019 requiring all but the smallest HOAs to have websites. did.
HOA websites may have “members only” access to prevent public disclosure of internal information (member updates, governing documents, annual budget reports, annual policy statements, or financial reports). increase. The homepage will be a publicity landing to introduce her HOA to non-members.
Email communication: Civil Code Section 4040(a)(2) allows Members to elect to receive email as the primary mode of HOA communication. Why not encourage all members to give such consent to her HOA?
Imagine how much the HOA could save annually if all members agreed to accept email instead of mail. Obtaining consent from members is a top priority for all her HOAs.
If the HOA amends its CC&R, don’t miss the opportunity to add an automatic “opt-in” to your CC&R. Email will then be the default mode of communication for everyone, except those who request mail in writing.
In a little-known addition to Civil Code Section 4040, new subpart “c” prohibits the inclusion of such automated email opt-ins in “unrecorded” administrative documents. However, since CC&R is on record (submitted to the County Recorder), you can designate email as your default or primary mode of communication with your members. (If the HOA modifies or replaces her CC&R, please tell your attorney about it.)
Access to paperless records: Many management companies (and law firms) are now “paperless” using only electronic copies of documents.
Storing and transferring electronic data is so easy that it might be a question to ask your future management company. Also, can the director see her HOA records and financial information online?
Electronic Invoice and Assessment Payments: More and more HOAs are offering their members the ability to pay assessments electronically, and more and more management companies are offering electronic bill payments for their HOA boards. This may give some less control over the HOA finances as the days of two signature checks for normal bill payments seem to have passed. HOA can be protected by careful consideration of the monthly financial disclosures required by Civil Code Section 5500.
Hybrid virtual meeting: The ban on in-person meetings ended almost two years ago and full virtual meetings are generally not allowed, but that doesn’t mean HOAs should abandon virtual meeting platforms altogether. Does your girlfriend’s HOA allow members to participate in person or via virtual platforms?
Remote video surveillance camera: Both HOAs and members often need these low-cost devices. Does the HOA have reasonable rules to limit the use of private girlfriend cameras and restrict access to HOA video recordings to protect member privacy?
Electronic voting: Sadly, HOA is the only non-profit organization in California that is not allowed to use electronic voting. Therefore, your HOA grade will not be lowered at this point. Let’s hope one day the people of Sacramento stop being harsh on his HOA in this regard. (Do lawmakers read my column?)
what am i missing? Please send us your suggestions for other technological advances that HOA could use.
Kelly G. Richardson is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for its expertise in community associations. Questions about the column should be sent to Kelly@roattorneys.com.
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