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HOA Voting online

Is it lawful to hold HOA Board Member elections online on the HOA’s website? And would this preclude the mailing out of ballots for voting?

1 Response

  1. dennisl

    HOA attorneys and most management companies based on advice from HOA attorneys all would say that online voting is legal for HOA and Condominiums. This is based on the fact that on-line voting is allowed for non-profit corporations. But the fact is that common interest communities do not have to all be non-profit corporation and the provision also includes provisions that state that for these communities Title 33 chapters 9 and 16 prevail if any conflict exist between non profit corporation statutes and those for common interest communities. There are no provision for on-line voting in Title 33 and they specifically require in-person and absentee ballots or ballots sent by fax or e-mail.

    So the short answer is the attorneys are all wrong and online voting is not allowed under current law. Now i have no problem with on-line voting and in fact tried to introduce legislation that included that capability for these communities but the HOA industry opposed that legislation and got it squashed for the last two years.

    Dennis

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