HOA Electronic Voting Laws: What You Need to Know
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Many HOA communities and board members are looking for ways to modernize their governance processes and transition to an electronic or hybrid method of conducting their voting. As this is uncharted territory for many HOAs, you may be asking the question, “Can I have electronic elections for my HOA in my state?”
This line of questioning almost always segways into conducting research into state laws regarding HOA electronic voting, to ensure you can legally implement the process. To assist in your research, we created this guide to outline what you need to know about your state’s legal environment.*
*Disclaimer: Survey & Ballot Systems (SBS) is not a government agency, law firm, or attorney and cannot provide you with any kind of legal advice or legal recommendations. The summaries of laws and statutes provided in this page are in no way all-inclusive and do not represent every law or statute relating to governance for homeowners associations, and should not substitute further research. This page provides the most current knowledge as of May 2023.
Table of Contents
Alabama
Can you vote electronically? No
Relevant Laws/Statutes: 10A-3-2.05
Alaska
Can you vote electronically? No
Relevant Laws/Statues: AK Stat Sec 10.20.071
Arizona
Can you vote electronically? Yes
Relevant Laws/Statutes: Arizona Stat 10-3708
Special Requirements: The HOA must provide notice to members that the vote will be conducted by electronic means; this notice must also include a procedure by which members may obtain and cast their ballot by other methods including US Mail and Fax.
The online voting system must (1) authenticate member’s identity; (2) authenticate the validity of each electronic vote to ensure it was not altered in transit; (3) transmit a receipt to each member who casts an electronic vote; (4) store electronic votes for recount, inspection, and review.
Arkansas
Can you vote electronically? Yes
Relevant Laws/Statutes: Arkansas Stat 10-3708
Special Requirements: Solicitation for votes by written ballot must (1) indicate number of responses needed to meet quorum requirements; (2) state percentage of approvals necessary to approve each matter other than election of directors; (3) specify time by which ballot must be received by corporation to be counted.
California
Can you vote electronically? No
Relevant Laws/Statutes:Â CA Civil Code Sec 5100
Colorado
Can you vote electronically? Yes
Relevant Laws/Statutes: CO Code § 38-33.3-310 (2022)
Special Requirements: Vote for contested positions on the executive board must be conducted by secret ballot.
Connecticut
Can you vote electronically? Yes
Relevant Laws/Statutes: CT Gen Stat § 47-252 (2022)
Special Requirements:Â When the association delivers the ballots, it shall also: (A) indicate the number of responses needed to meet the quorum requirements, (B)Â state the percentage of votes necessary to approve each matter other than the election of directors; (C) specify the time and date by which a ballot must be delivered to the association to be counted, which time and date may not be fewer than three days after the association delivers the ballot; and (D) describe the time, date, and manner by which unit owners wishing to deliver information to all unit owners regarding the subject of the vote may do so.
Delaware
Can your HOA vote electronically? Yes
Relevant Laws/Statutes: Title 25, § 81-310
Special Requirements:Â All solicitations for votes by ballot must: (A) indicate the number of responses needed to meet the quorum requirements; (B) state the percentage of approvals necessary to approve each matter other than the election of directors; (C) specify the time by which a ballot must be delivered to the association in order to be counted, which time shall not be less than three days after the date that the association delivers the ballot; and (D) describe the procedures (including time, size, and manner) by which a unit owner wishing to deliver information to all unit owners regarding the subject of the vote may do so.
Florida
Can you vote electronically? Yes
Relevant Laws/Statutes:Â Flordia Stat. 720.317
Special Requirements:Â Requires board resolution. Member must consent in writing to electronic voting.
The association must provide each member with (1) a method to authenticate identity to voting system, (2) method to confirm fourteen days before voting deadline that members electronic device can communicate with voting system, (3) method consistent with election and voting procedure in associations bylaws.
The online voting system must be (1) able to authenticate each member’s identity; (2) able to authenticate the validity of each electronic vote to ensure it was not altered in transit; (3) able to transmit a receipt to each voter who casts an electronic vote; (4) if the association’s bylaws provide for secret ballots, must be able to separate identifying information from the ballot so that the member cannot be identified; (5) able to store and keep ballots accessible for recount, inspection, and review.
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Georgia
Can you vote electronically? Yes
Relevant Laws/Statutes: O.C.G.A. § 14-3-708
Special Requirements:Â All solicitations for votes by ballot in writing or by electronic transmission shall: (1) indicate the number of responses needed to meet quorum requirements; (2) state the percentage of approvals necessary to approve each matter other than the election of directors; and (3) specify the time by which a ballot must be received by the corporation in order to be counted.
Hawaii
Can your HOA vote electronically? Yes
Relevant Laws/Statutes: Section 514B-121, Hawaii Revised Statutes
Special Requirements: Associations shall implement reasonable measures to verify that each person permitted to vote is a member of the association or a proxy.
Idaho
Can you vote electronically? No
Relevant Laws/Statutes:Â Sec 55-3204
Illinois
Can you vote electronically? Yes
Relevant Laws/Statutes:Â 765 ILCS 160/1-25(i)
Special Requirements:Â The association may, upon adoption of the appropriate rules by the board, conduct elections by electronic or acceptable electronic means. Members may not vote by proxy in board elections.Â
Instructions regarding the use of electronic means or acceptable technological means for voting shall be distributed to all members not less than ten and not more than thirty days before the election meeting.
The instruction notice must include the names of all candidates who have given the board or its authorized agent timely written notice of their candidacy and must give the person voting through electronic or acceptable technological means the opportunity to cast votes for candidates whose names do not appear on the ballot.Â
The board rules shall provide and the instructions provided to the member shall state that a member who submits a vote using electronic or technologically acceptable means may request and cast a ballot in-person at the election meeting, and thereby void any vote previously submitted by that member.Â
Indiana
Can you vote electronically? No
Relevant Laws/Statutes: IN Code § 32-25.5-3-10 (2022)
Iowa
Can you vote electronically? Yes
Relevant Laws/Statutes: IA Code § 504.708 (2022)
Special Requirements:Â Solicitations for votes by written ballot must: (1) indicate the number of responses needed to meet quorum requirements; (2) state the percentage of approvals necessary to approve each matter other than the election of directors; (3) specify the time by which the ballot must be received by the corporation in order to be counted.Â
An electronic transmission of a written ballot shall contain, or be accompanied by information indicating that a member, a member’s agent, or a member’s attorney authorized the electronic transmission of the ballot.Â
Kansas
Can your HOA vote electronically? Yes, but only when a vote is conducted without a meeting.
Relevant Laws/Statutes: KS Stat § 58-4614 (2021)
Special Requirements:Â When the association delivers the ballots, it shall also: (1) indicate the number of responses needed to meet the quorum requirements; (2) state the percentage of votes needed to approve each matter other than the election of directors; (3) specify the time and date by which a ballot must be delivered to the association to be counted, which time and date may not be fewer than three days after the date the association delivers the ballot; and (3) describe the time, date, and manner by which unit owners wishing to deliver information to all unit owners regarding the subject of the vote may do so.
Kentucky
LouisianaÂ
Maine
Can you vote electronically? Yes
Relevant Laws/Statutes: Title 13.B § 604
Special Requirements:Â There are no special requirements other than bylaws established by a board.Â
Maryland
Can you vote electronically? Yes
Relevant Laws/Statutes: MD Real Property Code Ann. § 11B-113.2 (2022)
Special Requirements: Electronic transmission must contain info that verifies the vote is authorized by the lot owner or lot owner’s proxy.Â
If the governing document requires a secret ballot, and electronic transmission can’t be secret, electronic voting is still allowed if lot owners have the option of an anonymous printed ballot.Â
MassachusettsÂ
Can you vote electronically? No law neither distinctly allows nor prohibits electronic voting.
Michigan
Can your HOA vote electronically? Yes
Relevant Laws/Statutes: MI Comp § 450.2408 (2022)
Special Requirements: The ballot must specify a time by which the corporation must receive a ballot in order to be counted as a vote of the shareholder or member. The time specified shall not be less than twenty or more than ninety days after the date the corporation provides the ballot to the shareholders or members.Â
Minnesota
Can you vote electronically? Yes
Relevant Laws/Statutes:Â MN Stat 515B.3-110
Special Requirements:Â The board shall set a voting period within which the ballots or other voting responses must be received by the association, which period shall not be less than fifteen and no more than forty-five days after the date of delivery of the notice of the vote and voting procedures to the unit owners. The board of directors shall provide notice of the results of the vote to the unit owners within thirty days after the expiration of the voting period. All requirements in this chapter, the declaration of bylaws for a meeting of the unit owners, or being present in person, shall be deemed satisfied by a vote taken in compliance with the requirements of this section. The voting procedures authorized by this section shall not be used in combination with a vote taken at a meeting of the unit owners. However, voting by electronic means and mailed ballot may be combined if each is done in compliance with the applicable statute.Â
MississippiÂ
Can you vote electronically? No
Relevant Laws/Statutes: MS Code § 79-11-211 (2020)
Missouri
Can you vote electronically? No
Relevant Laws/Statutes: MO Rev Stat § 355.266 (2022)Â
MontanaÂ
Can your HOA vote electronically? Yes
Relevant Laws/Statutes: MT Code Title 35 § 2-533 (2021)
Special Requirements:Â A corporation may deliver a written ballot by electronic communication as long as a member gives consent. Consent by a member to receive notice by electronic communication in a certain manner constitutes consent to receive a ballot by electronic communication in the same manner.
All solicitations for votes written ballot must: (1) indicate the number of responses needed to meet the quorum requirements; (2) state the percentage of approvals necessary to approve each matter other than the election of directors; (3) specify the time by which a ballot must be received by the corporation to be counted.Â
Nebraska
Can you vote electronically? NoÂ
Relevant Laws/Statutes: NE Code § 21-264 (2022)
Nevada
Can you vote electronically? Yes
Relevant Laws/Statutes: NV Rev Stat § 116.311 (2022)
Special Requirements:Â When the association delivers the ballots, it must (1) indicate the number of responses required to meet the quorum requirements; (2) state the percentage of votes necessary to approve each matter other than the election of directors; (3) specify the time and date by which a ballot must be delivered to the association to be counted, which time and date may not be fewer than three days after the association delivers the ballot; and (4) describe the time, date and manner by which unit owners wishing to deliver information to all unit owners regarding the subject of the vote may do so.
New Hampshire
Can you vote electronically? No
Relevant Laws/Statutes: NH Rev Stat § 293-A: 7-28 (2022)
New Jersey
Can you vote electronically? Yes
Relevant Laws/Statutes: NJ Stat Sec 45: 22A-45.2
Special Requirements: Election notice must be sent fourteen to sixty days ahead of time; can be sent by electronic means provided the member has agreed in writing to electronic notice or governing documents permit electronic notice provided another form of voting by absentee ballot or proxy is available. Electronic voting for executive board members must be allowed where the executive board determines to allow electronic voting and the member consents to electronic voting. Â
New Mexico
Can you vote electronically? NoÂ
Relevant Laws/Statutes: NM Stat § 47-16-9 (2021)
New York
Can your HOA vote electronically? No*
*may be possible for association bylaws to diverge from statutes
Relevant Laws/Statutes: NY Stat 6 § 613
North Carolina
Can you vote electronically? Yes
Relevant Laws/Statutes: NC Stat 7 § 55A-7-01-40
Special Requirements:Â Association can provide written ballots, electronic ballots, or both. The deadline for paper and electronic ballots must be identical.
North Dakota
Can you vote electronically? Yes
Relevant Laws/Statutes: ND Cent. Code § 10-33-74
Special Requirements:Â Ballots must be provided on the same time frame as meeting notices, between five and fifty days before the meeting. Solicitations for votes by ballot must: (A) indicate the number of responses needed to meet the quorum requirements; (B) state the percentage of approvals necessary to approve each matter other than the election of directors; and (C) specify the time by which a ballot must be received by the corporation in order to be counted.Â
Ohio
Can you vote electronically? Yes
Relevant Laws/Statutes: OH Rev Stat § 1702.20
Special Requirements: Unless specified otherwise by association bylaws or regulations, voting at elections and votes on other matters may be conducted by mail or by the use of authorized communications equipment.Â
Oklahoma
Can you vote electronically? No
Relevant Laws/Statutes: OK Stat Title 18 § 1075.1
Oregon
Can you vote electronically? Yes
Relevant Laws/Statutes: ORS § 94.661
Special Requirements:Â Ballot may be given by email, fax, posting on a website, or other electronic means.Â
If bylaws require a secret ballot, an electronic system must be secret. If posted on a website, a notice of the posting must be sent to each owner with info about how to access the website.Â
Owners can petition for a secret process up to three days before ballots are distributed.Â
PennsylvaniaÂ
Can your HOA vote electronically? Yes
Relevant Laws/Statutes: PA Stat 68 § 5310
Special Requirements:Â Electronic voting is allowed if the identity of the unit owner submitting the ballot can be confirmed, and a receipt of the electronic transmission and ballot can be made available to the unit owner.Â
Rhode Island
South Carolina
Can you vote electronically? Yes
Relevant Laws/Statutes: SC Code § 33-31-708
Special Requirements: All solicitations for votes by written or electronic ballot shall: (1) indicate the number of responses needed to meet the quorum requirements; (2) state the percentage of approvals necessary to approve each matter other than the election of directors; and (3) specify the time by which a ballot must be received by the corporation in order to be counted. (E) Except as otherwise provided in the articles or bylaws, a written or electronic ballot may not be revoked.
South Dakota
Can you vote electronically? Yes
Relevant Laws/Statutes: SD Stat § 47-23-9
Special Requirements:Â Each ballot must: (1) set forth each proposed action; (2) provide an opportunity to vote for or against, or withhold a vote for each proposed action; (3) be delivered to each member by any means of transmission set forth in the bylaws or articles of incorporation. If no method is set forth in the bylaws or articles of incorporation, ballots may be delivered by any reasonable means, including, but not limited to, traditional mail, hand delivery, or electronic facsimile; (4) indicate the number of responses needed to meet the quorum requirements; (5) state the percentage of approvals necessary to approve each matter other than the election of directors; and (6) specify the time by which a ballot must be received in order to be counted.
TennesseeÂ
Can you vote electronically? No
Relevant Laws/Statutes: Tenn Code § 48-57-205
Â
Texas
Can you vote electronically? Yes
Relevant Laws/Statutes: TX Code Title 2 § 22.160
Special Requirements: If authorized by the certificate of formation or bylaws of the corporation, a member vote on any matter may be conducted by mail, by facsimile transmission, by electronic message, or by any combination of these methods.
Utah
Can you vote electronically? No
Relevant Laws/Statutes: UT Code Title 16 § 6a-709
Vermont
Can you vote electronically? NoÂ
Relevant Laws/Statutes: 11B V.S.A. § 7.08
Â
Virginia
Can you vote electronically? Yes
Relevant Laws/Statutes: VA Code § 55.1-1832 (2022)
Special Requirements:Â The association must create a record of an electronic vote and preserve it as long as such a record would need to be maintained in a non-electronic form.Â
If a secret ballot is required, electronic means must protect voter identity.Â
Washington
Can you vote electronically? Yes
Relevant Laws/Statutes:Â RCW 24.03.085
Special Requirements:Â A corporation must designate an address, location or system to which a ballot may be transmitted, and the ballot must be transmitted to such address, location or system in an electronic submission.Â
West Virginia
Wisconsin
Can you vote electronically? Yes
Relevant Laws/Statutes: WI Stat § 181.0708
Special Requirements:Â Solicitation for written and electronic ballots must include (1) the number of responses needed to meet quorum; (2) percent of approvals needed to approve each matter other than the election of directors; and (3) time by which a ballot must be received to be counted.
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Wyoming
