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?
P.R, Estero
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.
John C. Goede Esq. is co-founder and shareholder of the Law firm Goede, DeBoest & Cross, PLLC. T o ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, PLLC or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.