Voting By Phone: Can A Condo's Boa Member?

In the context of condominium associations, the voting process must be executed carefully to ensure compliance with local laws and association guidelines. While email voting is prohibited in some states, other forms of electronic voting are permissible in certain states, such as Florida, where members can vote online or attend meetings via online video before casting their votes. In the case of Florida Condominium Act, board members are prohibited from voting via email, but they can participate in meetings via telephone or real-time video conferencing.

Can a board member vote via phone or email?

Voting via phone

Some condominium associations have adopted mobile applications specifically designed for e-voting, providing smartphone and tablet users with a convenient way to participate in elections. Hybrid voting, which combines in-person and online voting, offers voters the flexibility to choose their preferred method, whether electronic or traditional. This approach can be beneficial for important matters, as it encourages higher participation and makes it easier for all association members to vote.

It is worth noting that some states, like California, do not accept e-voting for HOAs. Therefore, it is essential to consult the relevant state laws and association guidelines before implementing any electronic voting procedures.

To ensure compliance with legal requirements, condominium boards might consider utilizing dedicated online voting platforms that prioritize election integrity and security while still offering the convenience of electronic voting. These platforms can facilitate secure voting processes and help maintain the integrity of condominium elections.

Voting via email

Voting by email is prohibited for board members of condominium associations in Florida, as stated in Section 718.112(2)(c) of the Florida Condominium Act. This Act allows board members to use email for communication but not for casting votes on association matters.

However, Florida's Condominium Act does allow for an exception to the in-person voting requirement. It provides a procedure for elections and other votes to be conducted through an online voting system, which is essentially a website administered by a third-party vendor contracted by the association.

While email voting is typically not permitted, there are other electronic voting options available that comply with state laws. For example, some condominium associations use mobile applications specifically designed for electronic voting, provided by online voting platforms. These apps can be installed on smartphones or tablets, offering a convenient way for voters to participate. Additionally, there are dedicated online voting platforms, such as ElectionBuddy, that provide a secure environment for voters to cast their ballots electronically.

It is worth noting that, in certain circumstances, approving amendments by written consent without a meeting may be legally permissible if authorized by the condominium documents. This "written consent and joinder" process has certain administrative requirements that must be met to avoid invalidating the members' approval.

In summary, while voting by email is prohibited for board members of condominium associations in Florida, there are alternative electronic voting methods available that comply with state laws and provide a secure and convenient voting experience for voters.

Voting via online platforms

For example, ElectionBuddy offers ballots that work for those who prefer paper, web, or mobile, providing a convenient electronic solution. It also ensures anonymity and provides excellent customer service. Other platforms may offer mobile applications specifically designed for e-voting, which can be installed on smartphones or tablets.

It is worth noting that some states, such as California, have specific laws prohibiting board members from voting on association matters using email. However, electronic voting via secure platforms is still an option in these states.

When implementing a new policy or procedure, it is essential to send a notice to all homeowners informing them of the board meeting where the resolution will be discussed. This will help ensure compliance with the new system and encourage a good turnout for the vote.

Voting via secret ballot

In the United States, the secret ballot has been in place for generations, but doubts about the secrecy of the voting process are prevalent. Many citizens believe that their ballot includes personally identifying information, that officials can access their vote choices, or that other voters can observe their choices. These doubts may lead people to view voting as a public rather than a private act, potentially affecting voting behavior and political participation.

In Florida, the Condominium Act states that most unit owner voting must take place at a duly noticed members' meeting. However, in the event that unit owners cannot attend a meeting, they are permitted to vote by limited proxy, except in the election of directors, which must be by secret ballot using the two-envelope method described in Section 718.112(2)(d) of the Act.

The use of secret ballots in association voting is not addressed in the statute, except for the election of directors. This means that, while not prohibited, it is also not required for other association votes.

In the context of electing union officers, the LMRDA requires "adequate safeguards to ensure a fair election." This includes mechanisms to verify the system's accuracy, such as test runs observed by independent parties, and system-generated alerts for electronic tampering attempts. While a persistent electronic link between a voter and their vote is not inherently a violation, it may raise concerns about ballot secrecy.

Voting via proxy

Voting is an essential responsibility for condominium corporation owners. Owners who live in a condominium vote to determine the outcome of important community decisions, including amendments to governing documents, electing the board of directors, and more. When a member cannot attend in person, proxy voting might be the best way to act on community-related issues.

Proxy voting is a way for condominium corporation members to authorise someone else to vote on their behalf if they are unable to attend a meeting or otherwise cast their vote. The person appointed to vote is called a proxy, and they must be someone who will attend the meeting. The proxy holder is often a neighbour or family member.

To appoint a proxy, a condominium corporation member must sign a document, appointing someone to act on their behalf. This document must be in writing, signed by the owner, and dated. The proxy form can be obtained directly from the condominium corporation, and the owner's signature on the form must match the name on the corporation's record of owners. Depending on how the proxy form is completed, members may have a choice between a directed or non-directed proxy. With a directed proxy, the appointed person has the right to vote on only a specific issue, while a non-directed proxy holder can vote on any topic on the homeowner's behalf during that meeting.

It is important to note that the use of proxies may be limited by the bylaws of the condominium corporation. While most bylaws allow proxies, some may remain silent on the issue or explicitly forbid their use. Therefore, it is essential to check the community bylaws before appointing a proxy.

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