Electronic Voting: Can an HOA Board Vote By Email?

Does your community have the option to participate in electronic voting? Can an HOA board vote by email? As more states and provinces adopt new statutes, board members are considering making this possibility a reality for their associations. If permitted where you reside – could digital ballots be the answer for easy and convenient election participation by homeowners?

Voting rules, bylaws, and logistics are the main factors that make e-voting a complex topic. As a result, many boards need more time to be ready to introduce it to their association.

Can an HOA Board Vote by Email?

An HOA's board of directors is generally prohibited from conducting a board meeting "via a series of electronic transmissions, including but not limited to electronic mail." (Civ. Code § 4910(b).) Recent legislation across multiple states has taken it further to prohibit board members from taking any action via email. In Florida, HOA board members cannot vote on an association matter via email, as stated in Florida Statute 723.078(3).

However, while voting via email is prohibited, that doesn't mean there is no opportunity for electronic voting. New voting software offers communities new avenues to securely collect and record board member and community member votes to facilitate quorum and meeting requirements.

Why Would A Community Association Want to Allow E-voting?

One of the primary benefits of e-voting is that it increases the likelihood that homeowners will vote. Another advantage is tabulating electronic ballots is quicker and more accurate than paper ballots. Electronic voting systems also have safeguards to ensure voter confidentiality and prevent election tampering. In states or provinces that allow homeowners to forego paper ballots, e-voting can lower an association's costs by reducing its use of paper, postage, and other mailing supplies.

What's the Downside of E-voting?

Owners who vote electronically without attending meetings may need to be more familiar with the issues or candidates on the ballot. To help address this concern, have board candidates provide write-ups about themselves and email them to homeowners. For votes on specific items, the board can send out background information that explains why it's up for a vote.

E-voting can be a great tool to ensure that no one votes twice. However, allowing someone to vote electronically or manually must be foolproof. To provide the most secure and accurate election results on voting night, Diestel recommends proactively establishing a process for both electronic and manual ballots, ensuring everyone hears their voice.

What Happens if Your HOA Decides to Allow E-voting

After discussing the implications with your legal counsel, carefully evaluating the pros and cons, and inviting feedback from homeowners, your board is ready to bring e-voting to your association. What's next? Although the laws regarding community associations and e-voting vary, there are some general guidelines your board should follow if you are considering e-voting in your community:

Check Your Governing DocumentsEnsure that your organization is up to date with its bylaws; confirm whether electronic voting is permissible and if any restrictions apply.

Craft A Resolution

Ensure your association complies with state/provincial statutes and bylaws - craft a comprehensive resolution alongside your association's legal counsel. Your tailored solution should address procedures for e-voting, how homeowners may opt in or out of these processes, and any other essential topics to ensure compliance.

Send Out Notices To Homeowners

When considering a new policy or procedure, it is crucial to notify all homeowners of the board meeting. Be sure to follow any legal requirements. Florida requires that notices be sent 14 days before the meeting.

Adopt The Resolution

Assuming you obtain the requisite number of favorable votes at your board meeting, your board may now have the authority to implement electronic voting in your community. However, your governing documents or the statutes in your state or province may require that you put the resolution up for a vote of the homeowners.

Evaluate Different Online Voting Systems

Once e-voting has been approved by the board of directors and most homeowners (if applicable), you may search for an online voting system for your community. Ensure you select one that adheres to all legal requirements in your area, meets your association's needs, and offers ease of use for your community's voters. A good property management company will understand the needs of your community and be able to help guide your board toward the options that are the best fit.

Active involvement by homeowners is crucial to the success of a community, and e-voting is one way to make it easier for owners to get involved. Nevertheless, e-voting may only be suitable for some associations. Be sure to conduct your due diligence and consult your association counsel before making any decisions.