TimB4 (Tennessee)
Posts: 21,047
Posts: 21,047
Posted:
Our Board just received SPAM e-mail advertising a website for HOAs to use for voting online. Part of their e-mail specified:
The state of Virginia is one of several states that have adopted law allowing HOA’s to vote by electronic ballot.
Why do it?
· Providing E-voting to homeowners increases the chance of making quorum.
· Results are tabulated instantly saving a lot of time over manually counting ballots.
· Results are 100% accurate.
If you think e-voting is something you would like for your association please contact me.
I certainly have zero issue with what the company is claiming. I do have an issue about what the company is not saying.
VA law, 55-515.3, certainly does allow for online voting. However, the law defers control to the CC&Rs. Since my Association (and many others within the State) were created prior to this statute being enacted, there is language within the CC&Rs that require votes to be cast by members or proxies at a meeting held for that purpose.
Therefore, if our Association chose to take advantage of this companies service without amending our CC&Rs, any vote held online would most likely be nullified if challenged.
My word of caution: Board members should be encouraged to embrace new technology but only after they have read and understood the governing documents and laws that affect their Association.
Tim
The state of Virginia is one of several states that have adopted law allowing HOA’s to vote by electronic ballot.
Why do it?
· Providing E-voting to homeowners increases the chance of making quorum.
· Results are tabulated instantly saving a lot of time over manually counting ballots.
· Results are 100% accurate.
If you think e-voting is something you would like for your association please contact me.
I certainly have zero issue with what the company is claiming. I do have an issue about what the company is not saying.
VA law, 55-515.3, certainly does allow for online voting. However, the law defers control to the CC&Rs. Since my Association (and many others within the State) were created prior to this statute being enacted, there is language within the CC&Rs that require votes to be cast by members or proxies at a meeting held for that purpose.
Therefore, if our Association chose to take advantage of this companies service without amending our CC&Rs, any vote held online would most likely be nullified if challenged.
My word of caution: Board members should be encouraged to embrace new technology but only after they have read and understood the governing documents and laws that affect their Association.
Tim