Electronic voting

CharlotteW1 (Massachusetts)
Posts: 4

Posted:

Is voting electronically by email legal? How about by fax?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Posted By CharlotteW1 on 09/06/2012 8:02 AM
Is voting electronically by email legal? How about by fax?

Its not illegal. The only problem that would arrise, is if the person sending the fax or electronic vote was falsified. Doesn't really matter how people vote, as long as it "their" vote.

PaulT6 (California)
Posts: 409

Posted:

Doubtful that a Membership vote by email would be "legal"? Your governing documents should spell out voting requirements. In our HOA Board Members can vote on an issue by email as long as they all agree to approve or dis-approve the issue. If a vote is split the issue is put on an upcoming agenda.

Paul T

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By PaulT6 on 09/06/2012 8:25 AM
In our HOA Board Members can vote on an issue by email as long as they all agree to approve or dis-approve the issue. If a vote is split the issue is put on an upcoming agenda.

Paul,

This does not seem to comply with the Open Meeting Act, which permits email voting by board members only in emergencies. I found the following on Davis-Sterling.com:

California Civil Code §1363.05(j):

(1) The board of directors shall not take action on any item of business outside of a meeting.

(2)

(A) Notwithstanding Section 7211 of the Corporations Code, the board of directors shall not conduct a meeting via a series of electronic transmissions, including, but not limited to, electronic mail, except as specified in subparagraph (B).

(B) Electronic transmissions may be used as a method of conducting an emergency meeting if all members of the board, individually or collectively, consent in writing to that action, and if the written consent or consents are filed with the minutes of the meeting of the board. Written consent to conduct an emergency meeting may be transmitted electronically.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

This does not seem to comply with the Open Meeting Act, which permits email voting by board members only in emergencies. I found the following on Davis-Sterling.com

Neither the open meeting act or davis sterling laws apply in Massachusetts. Also the poster never said the votes were for board member related activity. He could be discussing members.

PaulT6 (California)
Posts: 409

Posted:

Quote:

Posted By LarryB13 on 09/06/2012 10:03 PM

Posted By PaulT6 on 09/06/2012 8:25 AM
In our HOA Board Members can vote on an issue by email as long as they all agree to approve or dis-approve the issue. If a vote is split the issue is put on an upcoming agenda.

Paul,

This does not seem to comply with the Open Meeting Act, which permits email voting by board members only in emergencies. I found the following on Davis-Sterling.com:

California Civil Code §1363.05(j):

(1) The board of directors shall not take action on any item of business outside of a meeting.

(2)

(A) Notwithstanding Section 7211 of the Corporations Code, the board of directors shall not conduct a meeting via a series of electronic transmissions, including, but not limited to, electronic mail, except as specified in subparagraph (B).

(B) Electronic transmissions may be used as a method of conducting an emergency meeting if all members of the board, individually or collectively, consent in writing to that action, and if the written consent or consents are filed with the minutes of the meeting of the board. Written consent to conduct an emergency meeting may be transmitted electronically.

IIRC, it may have only been done once or twice. It was going to be done on a number of other cases but they didn't agree so it didn't happen. I guess it depends on the definition of "emergency"? I know they were reluctant to use it but IIRC I think they did.

Paul T

CharlotteW1 (Massachusetts)
Posts: 4

Posted:

These By-Laws are in Massachusetts and MA seems to have less laws in regards to regulating homeowner associations than do some other states. Does anyone know if electronic voting is legal in MA.? If it is not can you site the reference where you have found that it isn't.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Its not illegal in MA.