Legal Question in Business Law in California
Using email to deliver legal documents
Can email be used to deliver legal documents instead of the US Mail?
We live in a community governed by a HOA and managed by a professional management firm. In looking to save costs the management company wants to email 'legal documents' such as board meeting minutes to all the community residents instead of paying for postage. The management company has a method for each resident to indicate whether they wish to receive legal documents via email or whether they wish to receive them via US Mail. In addition, these documents are stored on a private intranet that is accessible only to community residents. Is this approach legal for distributing legal documents?
1 Answer from Attorneys
Re: Using email to deliver legal documents
Minutes of board meetings may distributed by email, or other methods, so long as all members are informed of how and where such minutes will be distributed. Naturally, limiting distribution to only email would be impermissible as many persons do not have internet access. Specific provisions of the Common Interest Development in the Civil Code specifically state when notice by mailing is required. A professional management company should be well versed in such restrictions.
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