By Eric Glazer, Esq.
You have all heard the saying “If it ain’t broke, don’t fix it.” Apparently, The Florida Legislature overlooked this concept when it recently passed a bill which authorizes owners in community associations to vote by e-mail in their elections and for other unit owner votes.
In condos, H.O.A.s and co-ops, the association may now conduct elections and other unit owner votes through an internet-based online voting system if a unit owner consents, in writing to online voting and if the following requirements are met:
1. The association provides each unit owner with:
(a) a method to authenticate the unit owner’s identity to the online voting system.
(b) For elections of the board, a method to transmit an electronic ballot to the online voting system that ensures the secrecy and integrity of each ballot.
(c) A method to confirm, at least 14 days before the voting deadline, that the unit owner's electronic device can successfully communicate with the online voting system.
(d) For elections of the board of administration, able to permanently separate any authentication or identifying information from the electronic election ballot, rendering it impossible to tie an election ballot to a specific unit owner.
(e) Able to store and keep electronic votes accessible to election officials for recount, inspection, and review purposes.
Finally…..To initiate this process, a resolution of the Board of Directors is required.