Q: In the state of MO can an HOA request dues via email or do they have to send a request for payment via USPS.
Our HOA has provided annual statements and bills for HOA dues in paper form for years since we moved in. Suddenly last year they decided to just email us a request for payment without the annual statement of account that was provided in the past. We did not opt out of paper billing nor were we asked if this was acceptable. I just need to know legally if the HOA has to request payment in writing via usps or another physical delivery method for this to be legal.
A: Depends---what, if anything, do your subdivision's recorded covenants and restrictions say in regards to method of notice. If they are silent, then do your bylaws provide any guidance? These documents may or may not discuss method of transmission. Please note that newer subdivisions are more likely to have statements within its covenants and restrictions which describe method of transmission. You may want to contact a real estate or HOA lawyer in your area to help you with this issue.
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