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HOA - Vendor Contract renewal question

Forums: Hoa Law, Contract Law
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swh114
 
Reply Mon 24 Jun, 2013 01:10 pm
State of Virginia - My Home Owners' Association has a 5 year trash/recycling contract that is about to expire. The contract has an auto-renew clause unless a cancellation notice was received via certified mail with delivery confirmation 90-180 days in advance.
Due to an oversight by an admin person, the cancellation notice was mailed via standard USPS.
The company acknowledged they received the cancellation notice but is refusing to accept it because it was not sent via certified mail.

I understand the requirement for certified mail as without it, any customer could claim they mailed a cancellation notice. However, with the company actually acknowledging that they received it, my thought is that they have no legal basis to require a certified letter.

Any input from those with contract law experience would be appreciated. Thanks
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Type: Question • Score: 0 • Views: 1,279 • Replies: 4
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Ticomaya
 
  2  
Reply Mon 24 Jun, 2013 01:14 pm
@swh114,
Doesn't your HOA have a lawyer, versed in Virginia contract law?
swh114
 
  1  
Reply Mon 24 Jun, 2013 02:16 pm
@Ticomaya,
We are small, so no, we do not have one on retainer. Any convo would cost $$, so I came to this forum.
Ticomaya
 
  2  
Reply Mon 24 Jun, 2013 02:23 pm
@swh114,
You may need to get one, since you ostensibly did not comply with the contractual requirement for the delivery of notice of cancellation.

I don't practice in the area of contracts, and I know nothing about VA law. But I think your point is well taken. The purpose of the certified mail and return receipt is to ensure delivery of the notice. The company has acknowledged receipt of the notice. My guess is that should be sufficient, under the contract. They have sufficient notice, in sufficient time, and the contract should not be renewed -- that's my best guess.
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ossobuco
 
  0  
Reply Mon 24 Jun, 2013 02:24 pm
@swh114,
The a2k terms of service states:

http://able2know.org/about/tos/

Section III
D. THIS SERVICE DOES NOT PROVIDE PROFESSIONAL LEGAL ADVICE. All of the services' content, including postings, is for informational purposes only. The service is not intended to be a substitute for professional legal advice, and no attorney/client privilege is to be inferred from any postings herein. Always seek the advice of a qualified legal professional with questions you have regarding a legal matter. You should not disregard professional legal advice because of something you have received from or read in the able2know service.
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