Many associations rely on HOA electronic voting for board decisions, membership votes, and elections. Board members must understand the regulations governing the practice and the guidelines for enforcement. In doing so, they can ensure validity and avoid liability.
What is HOA Electronic Voting?
Electronic voting refers to the practice of casting or collecting votes using a digital system.
In an HOA, voting happens all the time. Homeowners vote for new board members at the annual election, while board members vote on resolutions. The association may also need to secure majority approval from the membership for certain decisions, such as raising dues or levying special assessments above a particular threshold and amending the CC&Rs and bylaws.
Traditionally, owners and directors submit their votes using physical ballots. Some associations conduct the vote at a meeting or have members mail in their votes. With HOA electronic voting, paper ballots would be unnecessary.
Is HOA Electronic Voting Allowed in DC?
Yes, Section 42–1903.03 of the DC Condominium Act permits electronic voting.
According to this statute, boards can allow owners to submit their votes electronically up to 7 days before the scheduled meeting. If an owner submits their vote during this window, the vote counts as attendance at the meeting and counts toward the final tally.
The same statute permits condominiums to hold meetings via telephone, video, or other electronic methods. This applies to all meetings, including annual, board, and committee meetings. The electronic method must allow participants to hear and be heard by everyone else at the meeting.
For single-family HOAs, it is imperative to refer to the governing documents for guidance. The CC&Rs and bylaws, in particular, should outline whether HOA electronic voting is allowed.
What are the Benefits of HOA Online Voting?
For an HOA, electronic voting makes it easier to meet quorum, encourages participation, is more convenient, reduces the risk of loss or tampering, offers more accurate counting, provides better security, and allows for document attachment. Let’s discuss these below.
1. Easier to Meet Quorum
Meetings must establish a quorum to proceed. Quorum requirements vary depending on the association’s governing documents. Some communities find it difficult to meet quorum, especially for annual meetings.
Allowing HOA electronic voting makes it much easier to meet quorum requirements. According to Section 42–1903.03, online votes cast during the 7-day period count toward the quorum even if they don’t attend the meeting in person.
2. Encourages Participation
Many owners don’t attend meetings or get involved in community matters due to busy schedules or a general lack of interest. E-voting removes the barrier to entry, allowing owners to participate even without physical attendance. It’s a great way to drum up interest without a huge time commitment.
3. More Convenient
Traditional ballots require voters to complete the form and submit it to the HOA either by hand delivery or by mail. Online voting is more convenient because it skips those steps. Owners can simply open a link, cast their vote, and submit their entry — all remotely.
4. Reduces Risk of Loss or Tampering
Paper ballots are more prone to loss, damage, or alterations. The person handling or collecting the ballots may misplace them, or a proxy holder may change the original vote. A digital voting system eliminates the middleman, with votes going straight to the repository before the final count.
5. More Accurate Counting
Tallying votes no longer requires physical effort. With HOA electronic voting, boards can simply click a button, and the system handles all the counting. Not only is this faster, but it also makes for more accurate results.
6. Better Security
Most online voting platforms operate under secure networks and with strong encryption. This minimizes the risk of hacking and other cyber threats. Plus, owners get their own login credentials, complete with two-factor authentication, to verify voter identity.
7. Ability to Attach Documents
Digital voting systems typically allow associations to attach critical documents related to the vote. Owners can review these documents, such as candidate statements, financial reports, and project details, before they cast their votes. This helps ensure that owners understand the issue prior to making a decision.
Can a Board Vote by Email?
Generally, HOA board voting by email is permissible if the association’s governing documents say so.
While DC condominium law permits online voting, it does not expressly apply to board votes conducted by email. Associations may conduct meetings electronically, including via phone or video conference, and their participants count toward quorum.
That said, HOA board email voting does not give all members a chance to hear or be heard. It may be considered taking action outside of a properly noticed meeting. Because of this, email may not satisfy the DC requirements.
What are the Requirements for HOA Electronic Voting in DC?
According to Section 42–1903.05, electronic voting is permitted provided the board approves the process, applies it equally to all owners, and can verify the validity of each vote.
In DC, condo boards may approve a system that lets owners submit votes or proxies electronically. Methods include online voting platforms, email (if properly authorized), or another system approved by the board. All unit owners must be allowed to use the same process.
Additionally, the established system must let the board confirm that each vote came from an actual owner or proxy holder. This ensures that no unauthorized votes slip through the cracks.
Finally, when the association sends the meeting notice for the vote, it must include a link or instructions on how owners can access the meeting electronically. Board members can’t just announce the meeting and leave owners wondering how to attend or participate.
Can an HOA Use Secret Ballots for Electronic Voting?
According to Section 42–1903.05, associations can still use secret ballots for electronic voting.
Secret ballots can be tricky, as they hide the voter’s identity. If the HOA electronic voting system can’t guarantee anonymity, the board can still use it, but it must also give owners the option to submit a printed secret ballot.
Do Technical Mistakes Invalidate an Election?
No, a meeting or vote doesn’t automatically become invalid simply because of a technical error.
According to Section 42–1903.05, if a vote or proxy was accidentally submitted incorrectly, not received, or not counted, it doesn’t render the whole election invalid. Boards must make a good-faith effort to ensure that votes are submitted, received, and tallied properly. If they become aware of any problems, they must do their best to fix them.
Expert Advice
Navigating HOA electronic voting can come as a challenge, especially for volunteer boards. It requires a clear understanding of both state laws and the association’s governing documents. When in doubt, it is best to hire an HOA management company to guide votes and elections.
TNWLC offers HOA management services to communities in Washington, DC. Call us today at (202) 483-8282 or contact us online to start your journey!
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