Many associations have had to make significant changes to how they can conduct HOA business due to COVID.
Here are three statutory grants of technology that many association are taking advantage of to make conducting HOA business easier on a regular basis.
- Holding meetings electronically
- Voting electronically
- Using email as an official means of communication to the members rather than the U.S. Postal Service.
Each statutory grant of technology must comply with the statutory provisions set forth by Florida Law.
Holding meetings electronically
Holding meetings electronicallyElectronic board meetings allow the board to continue conducting the business of the association while allowing homeowners to participate from the comfort of their homes.
However, if the board chooses to use video conferencing, it is important to remember that the board must comply with the statutory provisions regarding board meetings. The members must receive notice of the meeting pursuant to the bylaws of the association, and in any event, at least 48 hours in advance of the meeting. Additionally, HOA members also get the additional right to speak on any item discussed by the board. Remember, there is no exception to the meeting notice requirements and the need to provide opportunity for member comment. Therefore, any video conferencing software the board utilizes must allow members to virtually attend the meeting and have the opportunity to speak.
Voting electronically
Florida law allows condominiums, homeowners associations, and cooperatives to conduct elections and other owner votes electronically. When an association board adopts electronic voting, each member of the association must opt in, in writing, and can then vote safely from the comfort of their own home. Imagine all of the time saved by punching a computer button to get the tally, rather than counting by hand, in some instances over 1,000 votes!
To adopt electronic voting, the Board must first adopt a resolution authorizing an online voting system. The board resolution must provide that members will receive notice of the opportunity to vote online and must establish reasonable procedures and deadlines for members to consent, in writing, to online voting, and procedures for members to opt out of online voting.
Once the board has approved electronic voting, the board must select an online voting system that complies with the requirements of Florida law.
The online voting system must be able to do the following:
(1) authenticate the owner’s identity
(2) authenticate the validity of each electronic vote to ensure that the vote is not changed during transmission
(3) transmit a receipt to each owner who casts an electronic vote
(4) be able to separate any authentication or identifying information from the ballot when voting must be done by secret ballot
(5) be able to store and keep electronic votes accessible for recount, inspection, and review purposes.
Please take note that the board cannot force owners to vote electronically. Thus, a necessary step is to obtain each member’s written consent to participate in electronic voting. If an owner does not consent or opts out of electronic voting, then the board must allow that owner to paper vote.
Electronic Notices
HOA can now save money, paper and time using electronic notices for official association communications. Normally, associations are required to send official notices via mail or hand delivery. However, now the association can provide you with the chose to send you your notices via e-mail but only if an owner has provided their written consent to receive their notices electronically.
E-mails used for official association communications can only be sent to those owners who consent, in writing, to receive their official notices by electronic transmission. The written consent must specifically authorize the association to transmit notice electronically. An owner who has consented to electronic notice may opt out at any time. The association must retain a roster of the e-mail addresses and the written consents of owners as an official record of the association. The member is responsible to ensure the association’s emails are not blocked or categorized as spam. Failure to receive an email due to a member’s inability to receive the email will not be a valid reason for objecting. Budget adoption notices, annual meeting notices, election notices, board meeting notices and so much more can be provided via email.
In closing, in utilizing any of the technology discussed above it is an important step for HOA’s to consult with your association’s attorney to ensure proper compliance with all the statutory requirements are met.
Source: Florida Community Association Journal
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