Q. Our community has historically had low participation from residents in elections and important votes. As a result, not much has changed over the years in terms governance or the rules. We want to implement electronic voting to see if this helps. How do we do this?
A. Electronic voting has been lawful for homeowners and condominium associations for a few years and, in my experience, has been successful. The Association needs to take two important steps. First, the Association needs to hire a vendor. The statute includes some specific requirements for security and anonymity purposes, so it is important that you select a product that complies with these requirements.
Second, the Association must adopt a resolution authorizing electronic voting. The Association must provide 14 days mailed and posted notice of the meeting where the resolution will be adopted. As part of the resolution, the Association must select an “opt in” deadline and an “opt out” to participate in electronic voting. I would recommend you work with your legal counsel to ensure the resolution complies with the statutory requirements.
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