QUESTION: Civil Code 1363.05(f) states that notice of meeting shall be given by mail to any owner who wants notice at an address requested by the owner. I wonder, can the meeting notice be emailed or only mailed?

ANSWER: Most boards give notice of meetings by posting the notice/agenda in a prominent place or places in the common areas. As you pointed out, members individually have the right to receive notice by mail at an address of their choosing. Civ. Code 1363.05(f). Does "address" include an email address?

Email Address. In Worldmark v. Wyndham Resort, the court expanded the definition of "address" to include a member's email address. The decision involved a timeshare development but if the court's definition is carried over to the Davis-Stirling Act, members would have the right to demand that meeting notice/agendas be emailed to them at least four days in advance of the meetings. Associations could not refuse by arguing that they satisfied notice requirements by posting in the common areas.

RECOMMENDATION: Although the expanded definition's application to HOAs is unsettled, boards should assume the definition applies and give email meeting notice/agendas to those members who request it. It wouldn't hurt to routinely give email notice to all members (in addition to posting in the common areas). Not all lawyers agree so boards should follow the advice of the association's counsel.