Does email count as "written" for the purpose of notice of motions?

[Benjamin Geiger]

Our bylaws require ten days' written notice for bylaws amendments. Can we email the notice, or does it need to be ink on paper? It should be noted that our calls to meetings are already distributed by email, along with the agenda, draft minutes, and other information.

If it's a matter where the assembly needs to interpret the bylaws, how do we go about doing so? Preferably without delaying matters to the next meeting or further?

[Richard Brown]

The notices probably need to go by u.s. Postal Service snail mail or hand delivery unless your bylaws authorize email notices, state law requires that they be accepted, or your members have consented to email notice.

Edited March 8, 2018 at 12:49 AM by Richard Brown

[Hieu H. Huynh]

And see RONR 11th ed., p. 89, ll. 16-22.

[Josh Martin]

14 hours ago, Richard Brown said:

The notices probably need to go by u.s. Postal Service snail mail or hand delivery unless your bylaws authorize email notices, state law requires that they be accepted, or your members have consented to email notice.

Since the OP says that notice of meetings is already sent by e-mail (and presumably no one has complained), perhaps this could be viewed as the members consenting to receive notice by e-mail.

[J. J.]

18 minutes ago, Josh Martin said:

Since the OP says that notice of meetings is already sent by e-mail (and presumably no one has complained), perhaps this could be viewed as the members consenting to receive notice by e-mail.

It could be reversed and made an "opt out" option.  Everyone is informed that the notices will be sent by e-mail, except for people wanting a hard copy notice, i.e. opt out, along with those that do not provide an e-mail address.

[Richard Brown]

1 hour ago, Josh Martin said:

Since the OP says that notice of meetings is already sent by e-mail (and presumably no one has complained), perhaps this could be viewed as the members consenting to receive notice by e-mail.

Although I like that concept and as a practical matter the club might be able to get away with it if no one raises a point of order,  I doubt seriously that it is the type of "consent" contemplated by RONR in this provision on page 89 to receive notices via electronic means:  "When notice is required to be sent, unless a different standard is specified that requirement is met if written notice is sent to each member either:
    a )    by postal mail to the member's last known address; or
    b )  by a form of electronic communication, such as e-mail or fax, by which the member has agreed to receive notice. "

Among other problems with the assumption you suggest, we do not know if all members are actually receiving the email notices or if they even know that email notices of meetings are being sent.  You can't object to something you don't know about.  And RONR doesn't speak in terms of an obection, it requires affirmative consent.

 

[Josh Martin]

3 hours ago, Richard Brown said:

Although I like that concept and as a practical matter the club might be able to get away with it if no one raises a point of order,  I doubt seriously that it is the type of "consent" contemplated by RONR in this provision on page 89 to receive notices via electronic means:  "When notice is required to be sent, unless a different standard is specified that requirement is met if written notice is sent to each member either:
    a )    by postal mail to the member's last known address; or
    b )  by a form of electronic communication, such as e-mail or fax, by which the member has agreed to receive notice. "

Among other problems with the assumption you suggest, we do not know if all members are actually receiving the email notices or if they even know that email notices of meetings are being sent.  You can't object to something you don't know about.  And RONR doesn't speak in terms of an obection, it requires affirmative consent.

Upon reflection, I would concur that there may be an issue with considering the prior custom to constitute agreement, however, I am not certain that the rule on pg. 89 prohibits any sort of “opt-out” rule. You say that RONR requires that each member affirmatively consents to receive notice by e-mail, but that is not clear to me from the language provided. The rule merely says that members must agree to receive notice - the exact manner of applying this rule is not specified.