Community E-ssentials

December 2004 NUMBER 37   Volume 4 Issue 1  
HOME
CONTENTS
Congratulations to the following Fall 2004 School of Association Leadership Graduates!
2005 Educational Courses
Case of the Month: Homebuyers Not Bound by Unconscionable Arbitration Clause
Just in Time for Holiday Greeting Cards...Complying With New USPS Mailbox Standards
Extra Money at the End of Year? How to Handle Surplus Association Funds
A Community Christmas Carol (Sort of)
Q & A
Happy Holidays!
Just in Time for Holiday Greeting Cards...Complying With New USPS Mailbox Standards
In an effort to update mailboxes and to keep up with the day-to-day use of the mail by Postal Service customers, address the operational needs of the Postal Service, and provide security for mail,  the United States Postal Service (USPS) adopted new mailbox standards published on September 3, 2004  These new standards are the result of a compromise between the USPS, the National Multi Housing Council (NMHC)/National Apartment Association (NAA), the Community Associations Institute (CAI), among other community housing advocates.  Not all community interest developments are affected in the same way, so what do these new standards mean to your community?

What are the new standards?

First, the new standards, entitled United States Postal Standard 4C, Wall-Mounted Centralized Mail Receptacles, call for “Standard 4C” mailboxes.  These mailboxes, whose dimensions are 20 percent larger than the old ones, must be at least 3 inches high, 12 inches wide, and 15 inches deep.  Second, one parcel locker must be installed for every 10 units.  These lockers, which provide a place for delivery of packages or other over-sized mail, must be 15 inches high, 12 inches wide, and 15 inches deep.  In the alternative, if building owners or property managers do not wish to install lockers, they may choose to provide another procedure for parcel delivery, such as concierge service or acceptance at the building management office.  Lastly, the new standards call for all communities that replace their mailboxes to upgrade the mailbox locks to the lock that USPS uses, which is the improved Arrow lock.  USPS Inspection Services documented that reported attacks on wall-mounted boxes increased from 988 in FY 2000 to 2,819 in FY 2002, and this new security requirement will serve to better protect USPS customers’ personal information from identity theft.

 

Which communities are affected by these new standards?

The new law applies to residential communities with four or more units that utilize clustered mailboxes.  It does not apply to residential properties that have individual mailboxes or homes such as townhouses, which are entered through individual doorways.  Any newly constructed and existing communities of four or more units that use clustered mailboxes will be required to follow the new standards only if they undergo substantial renovation after the phasing-in period lapses.  The published standards implicitly state that although building owners and property managers may decide to retrofit (replace) their buildings' mailboxes voluntarily, the standard “imposes no general retrofit requirement.” However, despite not qualifying as a “substantial renovation” which would trigger  the need to conform to the new mailbox measurements, qualifying communities that replace their mailboxes must upgrade their mailboxes’ security by installing Arrow locks.

 

What is the definition of “substantial renovation?”

The USPS defines “substantial renovation” as “projects involving structural alterations in the mailbox area that create the opportunity to accommodate wall-mounted mail receptacles” that comply with the new standards.  Routine maintenance like painting or repairing of old mail receptacles will not be considered a substantial renovation.

 

What is the phasing-in period?

Associations will have two years to phase in the new standards.  Therefore, associations will not have to implement the new standards even if they are undergoing substantial renovations unless the construction permits are filed two or more years after Oct. 5, 2006. Additionally, associations that replace their mailboxes within the phasing-in period will only have to upgrade the mailbox locks as opposed to having to conform with the new measurement and parcel locker requirements.

 

Will any exceptions be made to the new rule?
Postmasters have the discretion to grant exceptions in the following situations: 1) if compliance would cause a violation of local building codes or other laws; 2) if compliance would be dangerous, such as disturbing asbestos; and 3) if compliance would result in great financial hardship to the association.

[PRINTER FRIENDLY VERSION]

The University
Upcoming Classes:

School of Association Leadership
BOD 101-Success Basics for Board Members
Wheat Ridge Campus:
January 26, 6:00pm - 9:15pm

Click here to register


School of Association Management 
MGR 209-Media Relations Training
Wheat Ridge Campus:
January 13, 12:00pm - 2:00pm

Click here to register
 
Orten & Hindman, P.C.
To learn more about O&H's services, visit our website at www.ortenhindman.com
 
Suggestions
If there's a topic you'd like to see covered in an upcoming issue or a question answered, 
email us at
QAcolumnist@
ortenhindman.com

 
Community Associations Institute
The Community Associations Institute (CAI) is a nonprofit organization that provides education and resources to community associations. To find out more about CAI visit www.caionline.org
 
Unsubscribe
Orten & Hindman respects the Web and the privacy of those who use it. To unsubscribe to Community E-ssentials, click here
 
Published by Orten & Hindman, P.C.
Copyright © 2004 Orten & Hindman, P.C.. All rights reserved.
These materials have been prepared by Orten & Hindman, P.C. for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel. Please do not send us confidential information until you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact Tom Hindman or Loura Sanchez.
TELL A FRIEND
Powered by IMN