HOA Homefront — What's Your HOA Tech Score?

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Technology continues to move forward at an amazing pace. Does your girlfriend’s HOA maintain and use technology to best benefit its members?How does the HOA rate?

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. The HOA website should have “members only” access to prevent public disclosure of internal information such as member updates, operational documents, annual budget reports, annual policy statements, or financial reports. can do. A home page could be a great publicity page 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 her HOA such consent?Imagine how much the HOA could save per year if all members agreed to accept emails instead of postal mail please try. Obtaining such 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 your HOA is amending or replacing the CC&Rs, mention this to your attorney].

Access to paperless administrative 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 reduce the control of the HOA finances somewhat as the days of 2 signature checks for normal bill payment appear to have passed, but the monthly financial disclosures required by Civil Code Section 5500 You can protect your HOA by carefully checking the . .

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. So at this point your HOA is not downgraded — let’s hope one day the people of Sacramento stop being harsh on her HOA in this regard (this ).

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 a partner at Richardson Ober DeNichilo LLP, a California law firm known for advising on community associations. Please send any questions to Kelly@rodllp.com.

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