be adopted at least 120 days before a board election or other electronic vote (this requirement does not apply to associations governed by the Common Interest Common Association Act). While many associations hold their election near the end of the year, the process for updating the rules should begin in the spring or summer.
Rules allowing balloting and electronic voting must also include a few notice requirements, as outlined in the Act, to ensure a successful election. Owners must be given at least 21 days to submit their name for inclusion on the ballot, and the deadline to be included on the ballot must be no more than 7 days before the instructions for voting are sent to all owners. The voting instructions (and meeting notice) must be sent no more than 30 and no less than 10 days before the election meeting. Instruction notices must include the names of all candidates and must also give the person voting the opportunity to cast votes for write-in candidates.
Adopting electronic voting also requires the adoption of rules for direct balloting, where a ballot is typically sent directly to owners prior to the election. This requirement can significantly change the process of the election for many associations, as the Act excludes the ability of residents to vote by proxy in board elections when direct balloting is in place. Gone are the days of board members and managers frantically knocking on doors to get signed proxies to ensure quorum, or a single-issue write-in candidate entering the meeting with a stack of proxies in their control. Some associations initially struggle to reach sufficient participation after the switch to direct balloting, but with continued education and engagement, there is ultimately an increase in involvement and volunteerism. Associations also find that the verification and tabulation of electronic votes, previously a tedious process held at the end of a long evening sorting paper ballots, are vastly improved in both pace and accuracy.
One of the biggest challenges that often impacts the success of electronic voting is obtaining the
required opt-in of unit owners. Owners must provide direct authorization to participate in electronic voting and to receive election communication, and they must also designate a single electronic email address associated with their unit for those purposes. If an owner chooses to not opt-in to electronic voting or communication, the association must continue to provide them with paper notices and an opportunity to submit a paper ballot. The association must also work to maintain up to date records of the designated email address used for voting and communication to avoid conflicts once ballots are submitted.
The Act also realizes that not everyone in an association may be comfortable with voting electronically. Adopting
24 | COMMON INTEREST® • Spring 2023 • A Publication of CAI-Illinois Chapter
electronic voting does not allow an association to bypass the annual meeting process or meet entirely in a virtual environment. The Act requires that any owner may request to cast a ballot in person at the election meeting, which would then void any vote previously submitted (either submitted electronically or by paper).
As you can see, the adoption of rules permitting electronic voting is just the first step in establishing a successful election process. Engagement and education of owners is vitally important in showcasing the benefits of an electronic election process and hopefully in quelling the fears that often come with any change.
While many associations initially begin electronic voting through email, typically sent to a designated email address provided by the management company or the association’s attorney, more and more associations are considering an integrated online election platform. These platforms, such as GetQuorum or ONR, can be a useful tool to help implement a new electronic voting system. Many systems can provide a complete package of services to streamline the election process, including account setup and verification of eligibility, submission of interest in candidacy, distribution of voting instructions, notices, and candidate information, vote casting, and tabulation. One major benefit of online election platforms noted by Mark DiPinto, marketing manager at GetQuorum, is that the platform typically acts as the scrutineer of the election and can remove much of the contention that comes with the vote tabulation process, particularly in close elections. Some platforms even offer virtual meeting environments and hybrid voting capabilities to address practically all meeting types and arrangements.
Unfortunately, convenience does typically come at a cost. All-in-one election solutions can often cost upwards of $2,000 per election, with fees typically dependent on association size. For many associations, this may be a good investment if there is regular conflict and challenge to the election process. Associations should consider multiple options when considering electronic voting to make sure the system used best fits the needs of their ownership.
With an increase in Millennial and Gen Z ownership in homeowners associations, virtual meetings and electronic voting are certain to become more established, and meeting platforms may soon include the metaverse and other virtual worlds. Boards considering new voting rules should plan for the initial hurdles that come with the adoption of any change and work with their management company and attorney to build out the best system for their association to provide a modern, efficient, and reliable election process. From the suffragettes of the late 1800s and early 1900s to the new generations of the 2020s, voting sure has come a long way!
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