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| Saturday, February 04, 2012
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GraceH
(Virginia)
Posts:224
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| 06/26/2010 8:12 AM |
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Can anyone tell me about email voting? I was told that in order for an email vote to be valid, everyone needs to vote unanimously...unanimously yes or unanimously no. I think that it just means that everyone has to vote.
Thank you for any input that you can provide.
Regards,
Grace |
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MicheleD
(Kentucky)
Posts:4491
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| 06/26/2010 8:44 AM |
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First you have to determine if your controlling documents allow for email voting.
Ours do not.
Then you have to determine if everyone in your development has access to and agrees to use of email (some states require that the use of electronic voting be an "opt in" thing) and that there are provisions for people to vote who do not want to use or do not have access to email/electronic voting.
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GraceH
(Virginia)
Posts:224
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| 06/26/2010 8:50 AM |
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| Thank you MicheleD. Our documents do allow it, however, the email voting is for the board, not the homeowners. I should have been more specific. |
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TerryS
(Virginia)
Posts:16
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| 06/26/2010 10:44 AM |
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| Grace - thanks to this website (and DavidW, also from VA) I learned that the state is amending the Code of Virginia by adding sections 55-79.71:1 (for condos) and 55-515.3 (for POA's), titled Use of Technology. Check out the thread dated 5/24 (from me)called Electronic Voting to Amend Covenants. Even though my question was about covs., David very kindly provided the entire wording from the amendments (I won't bore everyone and repeat them all over again!). You'll see that as long as your documents allow it, email (and other electronic methods) will be allowed for signatures, voting, consent, etc., eff. 7/1 (and it does not differentiate between owners and/or board members). |
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TerryS
(Virginia)
Posts:16
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| 06/26/2010 11:02 AM |
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| Sorry - I just re-read your original question and I realized that you aren't asking if your BOD can vote via email, but if it's valid if everyone doesn't vote in favor. Virginia Statute certainly doesn't require that, and I can't imagine why email voting by board members would be any different than in person. I'm sure there were times when not everyone (in person) all voted in favor of something! Since email voting is allowed (per your docs and VA code) seems like the all-in-favor thing is bogus. |
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TerryS
(Virginia)
Posts:16
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| 06/26/2010 11:13 AM |
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| O.K. let's see if I can get this right - 3rd time is a charm, hmm?? In my last reply I only referred to voting in favor, but your issue is does email voting have to be unanimous, either all for or all against. I still think that since VA Code does not demand that, BOD email voting can be handled just like you're all there in person - no requirement for complete agreement one way or the other. I promise I won't comment again! |
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GraceH
(Virginia)
Posts:224
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| 06/26/2010 11:18 AM |
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| TerryS, Thank you for each of your comments. They have been very helpful. You summed up exactly how I look at it. If it is not required in person, why would it be any different via email. |
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