We invariably receive budget packages and other disclosure information
back in the mail due to member address changes. Are we obligated to
resend this information to the new addresses, or are
they considered "delivered" per the Mailbox Rule?
: Under the “mailbox rule,”
when a letter “properly directed is proved to have been either put into
the post-office or delivered to the postman, it is presumed . . . that
it reached its destination at the regular time, and was received by the
person to whom it was addressed.” (Rosenthal v. Walker
, 111 U.S. 185, 193 (1884); Civ. Code §4050(b).
. In your case, the presumption is lost because you know the annual budget report
was not received--it was returned to
you. The reason for the
failed mailing was the owner's
negligence in not keeping you informed of his/her address change.
Members who fail to keep
their contact information updated
still have a right to the budget
report but you can charge them for
the additional cost of
you have the budget package in digital form and the owner authorizes it
, you can email it. That avoids any disputes over extra mailing costs. Associations needing legal assistance can contact us
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