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.
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