Legal Disclaimer:
The information provided below is intended for general informational purposes only. It is not legal advice and should not be construed as such. Laws and regulations vary by state and can change frequently. Before relying on any information provided herein, it is advisable to consult with the association's legal counsel and/or review relevant state statutes to ensure that the information is current, accurate, and applicable to your specific situation.
Voting—In person, absentee ballots, proxies.
(1) Owners may vote at a meeting in person, by absentee ballot pursuant to subsection (3)(d) of this section, or by a proxy pursuant to subsection (5) of this section.
(2) When a vote is conducted without a meeting, owners may vote by ballot pursuant to subsection (6) of this section.
(3) At a meeting of owners the following requirements apply:
Notwithstanding any other provision of this chapter, except as provided in subsection (e), or the declaration or bylaws of a condominium to the contrary, at any association meeting the board may direct the use of an electronic voting device regardless of whether a secret ballot is used or required. Except as provided in subsection (e), the use shall be subject to the following:
C.45:22A-45.2 Executive board elections......
(8) An association shall not prevent voting for an executive board member by electronic
means where the executive board determines to employ voting in such manner and an
association member, or voting-eligible tenant where applicable, consents to casting a vote in
such manner.
HB 791 authorizing condominium, cooperative, and homeowners' associations to conduct votes of the membership by online voting passed and will go into effect 7/1/2015.
58-4614. Same; unit owner voting procedures. (a) Unless prohibited or limited by the declaration or bylaws, unit owners may vote at a meeting in person, by secret ballot, by absentee ballot pursuant to subsection (b)(4), by a proxy pursuant to subsection (c), or, when a vote is conducted without a meeting, by electronic or paper ballot pursuant to subsection (d).
Section 47-7E-9 A states:
The association shall provide for votes to be cast in person, by absentee ballot or by
proxy and may provide for voting by some other form of delivery.
Title 27A: Uniform Common Interest Ownership Act (1994)
Chapter 3: MANAGEMENT OF THE COMMON INTEREST COMMUNITY
27 V.S.A. § 3-110. Voting; proxies; ballots
Sec. 47-252. Voting. Proxies. Ballots. (a) Unless prohibited or limited by the declaration or bylaws, unit owners may vote at a meeting in person, by a proxy pursuant to subsection (c) of this section or, when a vote is conducted without a meeting, by electronic or paper ballot pursuant to subsection (d) of this section.
Except as otherwise provided in the bylaws, the presence or participation, including voting and taking other action, at a meeting of members, or the expression of consent or dissent to corporate action, by a member by conference telephone or other electronic means, including, without limitation, the Internet......
A member or shareholder may vote in person or, unless the articles of incorporation or the bylaws otherwise provide, may vote by mail, by electronic transmission.....
(c) If authorized by the statute under which the association is created, and to the extent not limited or prohibited by the articles of incorporation, bylaws, or declaration, the vote on any issue or issues may be taken by electronic means.............,
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