The Roaring ‘20s were a time of tumultuous change and progress, especially for women’s voting rights. The 19th amendment t the United States Constitution providing
a time of tumultuous speciall
fo or
to vote was initially introduced to Congress in 1878, ore than 40-
mendment to the United ng women with the right ed to Congr
was passed by Congress more than 40-years later
It is an understatement to say that the events of 2020 brought many changes to the operation of condo and homeowners associations. The shift to virtual meetings was a welcome change, and many associations now meet almost exclusively in a virtual environment. The efficiency and convenience of this change has been a motivating catalyst, and many boards have now shifted focus to streamlining and modernizing other association processes. With a general increase in the national discussion of election integrity and procedures, it was only natural for the conversation to shift to how association elections are held and how they can be improved. Happily, for residents of Illinois, there are a few options available to move the board election process into the 21st century.
While the recent interest in the adoption of rules permitting electronic voting may have been primarily motivated by the widespread transition to a virtual meeting environment post pandemic, the ability to allow electronic voting has been present in Illinois for almost a decade. The Illinois Condominium Property Act (typically referred to as “the Act”) and the Common Interest Community Association Act were amended in 2015 to add new opportunities for associations to distribute electronic communication and hold elections by electronic voting.
Section 18.8 of the Act and Section 1-85 of the Common Interest Community Association Act outline the guidelines for the general use of technology at all associations in Illinois. These sections allow any notice, vote, consent, or approval to be sent or received using an “acceptable technological means.” This includes a wide array of electronic options, including the internet, local intranet sites, email, fax, or any other available
technology that provides reasonable security, reliability, identification, and verifiability.
l h d bl
Although many associations were quick to adopt rules allowing electronic communication, the interest and value of electronic voting were yet to be realized. From the experience of Kerry T. Bartell, a principal at Kovitz Shifrin Nesbit with a focus on community association law and cooperatives, adoption of new rules was sporadic at best over the first few years and mostly limited to larger downtown and suburban associations. Fast forward to 2020, and the challenges presented to every association by stay-at-home orders and public health concerns created an immediate need to find a solution to overcome the inability to meet in person. Without electronic voting already in place as an alternative and safe meeting solution, many associations were forced to delay or even cancel their annual meetings and elections. Moving away from the strict constraints of the pandemic, and with an added comfort and openness of meeting in a virtual meeting environment, there has been a robust surge of interest in adopting rules permitting electronic voting.
Boards that are considering adopting rules to allow electronic voting must make sure to thoroughly review the requirements outlined in the governing documents for their association, and preferably consult with their attorney, before pushing ahead with their first electronic vote. Section 18(b)(9)(B- 5) of the Act details the specific actions a board must take when moving forward with electronic voting, many of which require significant planning and coordination.
The first element to consider is the timeline for adoption and implementation. Any rule allowing owners to submit their ballots electronically must
www.cai-illinois.org • 847.301.7505 | 23
omen’s
with the right ress in 1878, -years later
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52
