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Florida HOA law (FS718) indicates a response is required from the board within 30 days of receipt of certified mail. Assume a letter is mailed July 1. How exactly would the courts decide which day the letter is received? Assume that the letter is mailed within the same zip code.

Assume return receipt is not used.

NEW twist (maybe I should create a new question?): Assume that a copy is

  • also emailed July 1.
  • hand delivered by sender and signed for by recipient.
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  • Even if the is no return receipt obtained (and it is usually best to get one for any legal document) the postal service records the ate of signature, and their records can be obtained to show that date.
    – David Siegel
    Sep 10, 2021 at 22:57

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It's based on the date the letter was received, not the date it was mailed. Since it's certified, it's not received until somebody signs for it, which starts the clock.

The actual date isn't possible to calculate from the information on hand. The delivery receipt would have the date it was signed for, it would be prior to the end of the 30th calendar date from that date.

Edit...

Your new "twist" results in void service and doesn’t require action by the HOA. Certified mail is a service of the USPS, hand delivering or email does not legally count as "certified mail". If a contract requires service by a specific method (e.g. certified mail), then delivery by any other means is invalid and of no effect.

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  • in the US, certified can be different from signature required. Certified means the USPS will say is was definitely delivered on that day.
    – Tiger Guy
    Sep 10, 2021 at 22:05

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