Legal Definitions - waiver of notice

A waiver of notice occurs when a person or entity voluntarily gives up their legal right to receive a formal notification or warning about a specific event, action, or meeting. Essentially, they are agreeing that they do not need to be formally informed, often because they are already aware of the situation or have consented to proceed without the usual formal heads-up. This act must be intentional and made with knowledge of the right being relinquished.

• Example 1: Corporate Board Meeting

  A company's bylaws require that all board members receive at least five days' written notice before any special board meeting. However, an urgent decision needs to be made, and all five board members are present and agree to hold a meeting immediately. They sign a document stating they are waiving their right to the five-day written notice and consent to proceed with the meeting.

  Explanation: Each board member voluntarily gave up their right to receive the formal five-day notice, allowing the meeting to happen without delay, even though the usual procedural requirement was not met.

• Example 2: Contractual Agreement

  A construction contract stipulates that the general contractor must provide the client with 48 hours' written notice before beginning any major demolition work. On a particular occasion, the client is on-site and, after discussing the demolition plan with the contractor, verbally tells them to "go ahead and start whenever you're ready, no need for the formal notice." The contractor notes this in their log.

  Explanation: The client, who had the right to receive formal written notice, explicitly waived that right, allowing the contractor to proceed with the demolition without fulfilling the 48-hour notice requirement.

• Example 3: Landlord-Tenant Situation

  A residential lease agreement states that the landlord must provide 24 hours' written notice before entering the tenant's apartment for non-emergency repairs. The tenant reports a leaky faucet and tells the landlord, "You can come in anytime tomorrow to fix it, even if I'm not home, don't worry about sending a formal notice."

  Explanation: The tenant voluntarily relinquished their right to receive the 24-hour written notice, granting the landlord permission to enter for the repair without adhering to the usual notification period.