It seems like the Act allows electronic notification (email) if the lot owner gives OPA prior written authorization to do so. To my knowledge, no notification was sent by U.S. Mail or via email to association members who authorized OPA in writing to use email for such purpose.

I have been told the notification requirement was met via the weekly OPA public relations department's eBlast. The eBlast is a marketing tool, and the email addresses are maintained by a company called Constant Contact. In fact, the signup page is on Constant Contact's website. Anyone in the world can signup for the Constant Contact emails the company describes as "marketing emails from Ocean Pines Association." Not every association member receives the eBlast.

In short, it looks like OPA has not complied with the Act in regard to notification of the annual meeting date.

At this point, it is too late to even meet the 15-day notification requirements. Some may say this is nitpicking, but our association needs to be more attentive to these process issues.

The eBlast does not and probably can never represent valid email recipients for all association members. Am I missing something here that would allow the use of the eBlast from Constant Contact to be used as an official form of notification that complies with the Act, or what?

11B-113.1. Electronic transmission of notice.
(a) Notwithstanding language contained in the governing documents of a homeowners association, the homeowners association may provide notice of a meeting or deliver information to a lot owner by electronic transmission if:
(1) The board of directors or other governing body of the homeowners association gives the homeowners association the authority to provide notice of a meeting or deliver information by electronic transmission;
(2) The lot owner gives the homeowners association prior written authorization to provide notice of a meeting or deliver information by electronic transmission; and
(3) An officer or agent of the homeowners association certifies in writing that the homeowners association has provided notice of a meeting or delivered material or information as authorized by the lot owner.
(b) Notice or delivery by electronic transmission shall be considered ineffective if:
(1) The homeowners association is unable to deliver two consecutive notices; and
(2) The inability to deliver the electronic transmission becomes known to the person responsible for sending the electronic transmission.
(c) The inadvertent failure to deliver notice by electronic transmission does not invalidate any meeting or other action.