Article
Courtesy of The Pompano Beach News
By Sean
D'Oliveira
Published
July 26, 2015
Electronic voting coming soon to Florida's condo
communities
A new proposal on the state level will establish criteria to allow condo
residents to cast votes electronically, a significant step in making
voting procedures easier and more accessible.
The bill allows electronic votes to be cast for elections as well as
association business.
"There is no doubt that being able to cast a vote from the comfort of
your home or office is going to make it easier for folks to participate
in an association's election process," said condo law attorney Donna
Berger.
Under the proposal, an owner would have to consent to online voting; a
board would need to adopt a resolution to authorize electronic voting;
and boards would still need to give at least 14 days written notice of a
board meeting to consider a resolution.
"In theory, electronic voting should result in a higher participation of
owners in the election process," said Robert Kaye, a managing firm
member of the Pompano-based Kaye Bender Rembaum.
Even with increased voter participation, Berger said she is unsure if
the proposal would lead to more or less voting issues.
"Whether or not the typical complaints about voter fraud decrease or
increase as a result of this new voting option remains to be seen," she
said.
Moreover, the proposed bill, effective on July 1, would do away with the
requirement that associations could only provide notice of meetings by
electronic mail if the bylaws of the association authorized it.
The bill also tries to deal with issues related to the digital storage
of records, but Kaye said it does not fully address the ability of an
owner to access electronic records of the association in a way that
protects the interests of all parties.
"Because technology changes so quickly, and the Legislature meets on a
limited basis, it remains difficult to fully keep up with the changes
through the laws that are implemented," he said.
Kaye said few boards will begin to implement electronic voting
immediately, but this proposal could change.\
"There is also some initial uncertainty in the marketplace as to how to
implement this voting procedure in light of the requirements in the
statute," he said. "Boards will also have to decide whether it is better
to use an outside vendor or handle the process internally."
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