Electronic Voting Statutes, Updated January 2024

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Electronic Vong Statutes, Updated January 2024

 
Community Associaons Instutes (CAI) | 6402 Arlington Blvd., Ste 500, Falls Church, VA 22042 
www.caionline.org | (888) 224-4321 | Page 2 
 
States with Electronic Voting Statutes 
Arizona .......................................................................................................................................3 
Arkansas .....................................................................................................................................3 
Colorado .....................................................................................................................................3 
Conneccut ................................................................................................................................3 
Delaware ....................................................................................................................................4 
Florida ........................................................................................................................................4 
Georgia.......................................................................................................................................4 
Hawaii ........................................................................................................................................5 
Illinois.........................................................................................................................................6 
Kansas ........................................................................................................................................6 
Maine .........................................................................................................................................6 
Maryland ....................................................................................................................................7 
Michigan.....................................................................................................................................7 
Minnesota ..................................................................................................................................8 
Montana................................................................................................................................... 10 
Nevada ..................................................................................................................................... 10 
New Jersey................................................................................................................................ 11 
New York .................................................................................................................................. 11 
North Carolina .......................................................................................................................... 11 
Oregon ..................................................................................................................................... 14 
Pennsylvania ............................................................................................................................. 15 
South Carolina .......................................................................................................................... 16 
Tennessee ................................................................................................................................. 16 
Texas ........................................................................................................................................ 17 
Vermont ................................................................................................................................... 17 
Virginia ..................................................................................................................................... 17 
Washington State ...................................................................................................................... 20 
 

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Arizona

(rev 8/25/2012) – Statute 33-1250 C. Notwithstanding any provision in the condominium documents,

aer terminaon of the period of declarant control, votes allocated to a unit may not be cast pursuant to

a proxy. The associaon shall provide for votes to be cast in person and by absentee ballot and may

provide for vong by some other form of delivery.

Title 33.Property – 33-1802B. Votes cast by absentee ballot or other form of delivery are valid for the

purpose of establishing a quorum.

Arkansas

The Horizontal Property Act and the Non-prot Corporaons Code. There are Property Owner

Associaons that are conducng elecons by electronic ballot. This is done by individual associaons.

Colorado

Colorado Common Interest Act (CCIOA) 38-33.3-310. Vong – proxies. (b) (I) (A) Votes for contested posions

on the execuve board shall be taken by secret ballot. This sub-subparagraph (A) shall not apply to an

associaon whose governing documents provide for elecon of posions on the execuve board by

delegates on behalf of the unit owners. (B) At the discreon of the board or upon the request of twenty

percent of the unit owners who are present at the meeng or represented by proxy, if a quorum has

been achieved, a vote on any maer aecng the common interest community on which all unit owners

are entled to vote shall be by secret ballot.

TIE is conducng electronic ballot vong in CO. There is nothing in CCIOA that precludes electronic

vong.

Connecticut

CHAPTER 828* COMMON INTEREST OWNERSHIP ACT - Sec. 47-252. Voting. Proxies. Ballots. (a) Unless

prohibited or limited by the declaraon or bylaws, unit owners may vote at a meeng in person, by a

proxy pursuant to subsecon (c) of this secon or, when a vote is conducted without a meeng, by

electronic or paper ballot pursuant to subsecon (d) of this secon.

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Delaware

Delaware Title 25 Chapter 81 Chapter 81-310. Vong; proxies.

(f) Acon may be taken by ballot without a meeng as follows:

(1) Unless prohibited or limited by the declaraon or bylaws, any acon that the associaon may take at

any meeng of members may be taken without a meeng if the associaon delivers a wrien

or electronic ballot to every member entled to vote on the maer. A ballot shall set forth each proposed

acon and provide an opportunity to vote for or against each proposed acon.

Florida

Florida Statute Condominium Act Title XL Chapter 718 Condominiums, Cooperatives and Timeshares (Regulated)

Bylaws Section 718.112(d)

3. The members of the board shall be elected by wrien ballot or vong machine. Proxies shall in no

event be used in elecng the board, either in general elecons or elecons to ll vacancies caused by

recall, resignaon, or otherwise, unless otherwise provided in this chapter.

4. Any approval by unit owners called for by this chapter or the applicable declaraon or bylaws,

including, but not limited to, the approval requirement in s. 718.111(8), shall be made at a duly noced

meeng of unit owners and shall be subject to all requirements of this chapter or the applicable

condominium documents relang to unit owner decision making, except that unit owners may take

acon by wrien agreement, without meengs, on maers for which acon by wrien agreement

without meengs is expressly allowed by the applicable bylaws or declaraon or any statute that

provides for such acon.

Florida Statute 720.306 Meetings of members; voting and election procedures; amendments.— (Unregulated)

(9)(a) ELECTIONS AND BOARD VACANCIES.—Elecons of directors must be conducted in accordance

with the procedures set forth in the governing documents of the associaon. “Does not preclude

electronic ballots – many associaons have rewrien their Bylaws to permit electronic ballots."

Georgia

Corporations and Partnerships - Title 14, Section 14-3-704 - (a) Unless limited or prohibited by the arcles or

bylaws, or unless this chapter requires a greater number of armave votes, acon required or

permied by this chapter to be approved by the members may be approved without a meeng of

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members if the acon is approved by members holding at least a majority of the vong power. The

acon must be evidenced by one or more consents in wring or by electronic transmission describing

the acon taken, signed by those members represenng at least a majority of the vong power, and

delivered to the corporaon for inclusion in the minutes or ling with the corporate records.

(b) No consent in wring or by electronic transmission signed under this Code secon shall be valid

unless:

(1) The consenng member has been furnished the same material that, under this chapter, would have

been required to be sent to members in a noce of a meeng at which the proposed acon would have

been submied to the members for acon; or

(2) The wrien consent contains an express waiver of the right to receive the material otherwise

required to be furnished.

for determining members entled to take acon without a meeng is the date the rst member signs

the consent.

(d) A consent signed under this Code secon has the eect of a meeng vote and may be described as

such in any document.

(e) Wrien noce of member approval pursuant to this Code secon shall be given to all members who

have not signed the wrien consent. If wrien noce is required, member approval pursuant to this

Code secon shall be eecve ten days aer such wrien noce is given.

(f) An electronic transmission which is transmied by a member that evidences a members consent or

approval on a ballot, requests or demands an acon to be taken by the corporaon, or provides noce to

the corporaon under this chapter shall be deemed to be wrien, signed, and dated for the purposes of

this chapter, provided that any such electronic transmission sets forth or is delivered with informaon

from which the corporaon can determine (1) that the electronic transmission was transmied by the

member and (2) the date on which such member transmied such electronic transmission. The date on

which such electronic transmission is transmied shall be deemed to be the date on which such consent,

request, demand, or noce was signed.

Hawaii

HRS CHAPTER 421J PLANNED COMMUNITY ASSOCIATIONS - Refers only to vote or wrien consent.

Wrien Ballot.

Hawaii Condominium Property Act 514B - Refers only to vote or wrien consent. Wrien Ballot.

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Illinois

Illinois Condominium Property Act CONTACT IL ATTORNEY

Illinois Common Interest Community Act (HOAs & Townhomes) Public Act 097-1090

Illinois General Not For Prot Corporaon Act

Among the changes to the not for prot corporaon act are welcome addions that recognize electronic

communicaons, allowing certain approvals to be communicated by electronic means and allowing

associaons to permit on-line vong using e-mail or other electronic means. This would permit use of an

electronic plaorm that permits vong to be conducted via the Internet through a website dedicated to

the elecon! Note that condominium associaons, whether or not they are incorporated, have those

powers and responsibilies specied in the not for prot corporaon act that are not inconsistent with

the Condominium Property Act or the declaraon/by-laws.

E-Mail/Electronic Voting. Unless otherwise prohibited by the articles of incorporation or by-laws, the election of

directors, officers, or representatives may be conducted by e- mail or other electronic means. (Section 107.50)

Kansas

Article 46. - KANSAS UNIFORM COMMON INTEREST OWNERS BILL OF RIGHTS ACT - 58-4614. Same; unit

owner voting procedures.

(a) Unless prohibited or limited by the declaraon or bylaws, unit owners may vote at a meeng in

person, by secret ballot, by absentee ballot pursuant to subsecon (b)(4), by a proxy pursuant to

subsecon (c), or, when a vote is conducted without a meeting, by electronic or paper ballot pursuant to

subsection (d).

(b) Unless contrary provisions of the declaraon or bylaws so provide, at a meeng of unit owners the

following requirements apply: 5) When a unit owner votes by absentee ballot, the association must be

able to verify that the ballot is cast by the unit owner having the right to do so.

Maine

SEC. 1. 13-B MRSA §604. Voting

1. Members entitled to vote. The right of the members or any class or classes of members to vote may be limited,

enlarged or denied to the extent specified in the articles of incorporation. Unless so limited, enlarged or denied, each

member, regardless of class, shall be entitled to one vote on each matter submitted to a vote of members.

2. Members to vote in person or by proxy; validity. A member entitled to vote may vote in person or, unless the articles of

incorporation or the bylaws otherwise provide, may vote by proxy executed in writing by the member or by the member's duly

authorized attorney-in-fact. A proxy is not valid after 11 months from the date of its execution, unless otherwise provided in the

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proxy. Where directors or officers are to be elected by members, the bylaws may provide that such elections may be conducted by

mail or by electronic transmission.

3. Cumulative voting for directors not permitted. The articles of incorporation or the bylaws shall not permit cumulative voting for

directors. Any provision purporting to permit cumulative voting shall be void.

4. Corporations with no right to vote. If a corporation has no members or its members have no right to vote, the directors shall

have the sole voting power.

5. Voting by electronic transmission. The bylaws may provide, or the board of directors or members may determine, that some or

all votes by members, as well as actions taken in accordance with section 606, may be conducted by electronic transmission

under procedures established by the corporation. A vote conducted by electronic transmission must be filed with the minutes of

members' meetings and has the same effect as an in-person vote or a vote by proxy.

Maryland

Maryland Real Property Section 11-139.2.

a) Notwithstanding language contained in the governing documents of the council of unit owners,

the board of directors of the council of unit owners may authorize unit owners to submit a vote

or proxy by electronic transmission if the electronic transmission contains informaon that

veries that the vote or proxy is authorized by the unit owner or the unit owner's proxy.

b) If the governing documents of the council of unit owners require vong by secret ballot and the

anonymity of vong by electronic transmission cannot be guaranteed, vong by electronic

transmission shall be permied if unit owners have the opon of casng anonymous printed

ballots.

Michigan

Michigan Condominium Act 59 of 1978

Michigan Non Prot NONPROFIT CORPORATION ACT 162 of 1982

450.2407 Taking corporate action without meeting; consent; notice; statement on filed certificate; consent by

electronic transmission.

Sec. 407.

(1) The arcles of incorporaon may provide that any acon required or permied by this act to be

taken at an annual or special meeng of shareholders or members may be taken without a meeng,

without prior noce, and without a vote, if consents in wring, seng forth the acon taken, are signed

and dated by the holders of outstanding stock or members having not less than the minimum number of

votes that would be necessary to authorize or take the acon at a meeng at which all shares or

members entled to vote on the acon were present and voted. Prompt noce of the taking of the

corporate acon without a meeng by less than unanimous wrien consent shall be given to

shareholders or members who have not consented in wring.

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(2) If an acon consented to under this secon would have required ling of a cercate under any other

secon of this act if the acon had been voted upon by shareholders or members at a meeng of the

shareholders or members, the cercate led under that other secon shall state, in lieu of any

statement required by that secon concerning a vote of shareholders or members, that both wrien

consent and wrien noce have been given as provided in this secon.

(3) Any acon required or permied by this act to be taken at an annual or special meeng of

shareholders or members may be taken without a meeng, without prior noce, and without a vote, if

all the shareholders or members entled to vote on the acon consent to the acon in wring.

(4) An electronic transmission consenting to an action transmitted by a shareholder or member, or by a

person authorized to act for the shareholder or member, is written, signed, and dated for the purposes of this

section if the electronic transmission is delivered with information from which the corporation can determine

that the electronic transmission was transmitted by the shareholder or member, or by a person authorized to

act for the shareholder or member, and the date on which the electronic transmission was transmitted. The

date on which an electronic transmission is transmitted is the date on which the consent was signed for

purposes of this section. A consent given by electronic transmission is not delivered unl reproduced in

paper form and the paper form delivered to the corporaon by delivery to its registered oce in this

state, its principal oce in this state, or an ocer or agent of the corporaon having custody of the book

in which proceedings of meengs of shareholders or members are recorded. Delivery to a corporaon's

registered oce shall be made by hand or by cered or registered mail, return receipt requested.

Delivery to a corporaon's principal oce in this state or to an ocer or agent of the corporaon having

custody of the book in which proceedings of meengs of shareholders or members are recorded shall be

made by hand, by cered or registered mail, return receipt requested, or in any other manner provided

in the arcles of incorporaon or bylaws or by resoluon of the board of the corporaon.

450.2441 Voting generally.

Sec. 441. (1) Each outstanding share or member is entled to 1 vote on each maer submied to a vote,

unless otherwise provided pursuant to secon 303 or 304. A vote may be cast either orally or in wring,

unless otherwise provided in the bylaws. In addion, the bylaws may provide for vong by electronic

transmission.

Minnesota

Sec. 8. Minnesota Statutes 2008, section 515B.3-110, is amended to read:

(a) At any meeng of the associaon an owner or the holder of the owner's proxy shall be entled to

cast the vote which is allocated to the unit. If there is more than one owner of a unit, only one of the

owners may cast the vote. If the owners of a unit fail to agree and nofy the associaon as to who shall

cast the vote, the vote shall not be cast. Any provision in the arcles of incorporaon, bylaws,

declaraon, or other document restricng a unit owner's right to vote, or aecng quorum

requirements, by reason of nonpayment of assessments, or a purported violaon of any provision of the

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documents governing the common interest community, shall be void b) If permied by the arcles or

bylaws, votes allocated to a unit may be cast pursuant to a proxy executed by the unit owner entled to

cast the vote for that unit. The board may specify the form of proxy and proxy rules, consistent with law

c) If authorized by the statute under which the association is created, and to the extent not limited or

prohibited by the articles of incorporation, bylaws, or declaration, the entire vote on any single issue (except

the election of directors), or issues may be taken by electronic means or by mailed ballots, subject to (i) any

prohibition or requirement contained in the articles of incorporation, bylaws, or declaraon and (ii) any

requirements of the statute under which the associaon is created in compliance with the

applicable statute, in lieu of holding a meeng of the unit owners. Such a vote shall have the force and

eect of a vote taken at a meeng; provided, that the total votes cast are at least equal to the votes

required for a quorum. The board shall set a vong period within which the ballots or other vong

response must be returned received by the associaon, which period shall be not less than ten 15 nor

more than 30 45 days aer the date of mailing or hand delivery of the ballots noce of the vote and

vong procedures to the unit owners. The board of directors shall provide wrien noce of the results of

the vote to the members unit owners within 30 days aer the expiraon of the vong period. All

requirements in this chapter, the declaraon or the bylaws for a meeng of the members unit owners, or

being present in person, shall be deemed sased by a vote taken by mail in compliance with the

requirements of this secon. The vong procedures authorized by this secon shall not be used in

combinaon with a vote taken at a meeng 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. (d) The arcles of

incorporaon or bylaws may authorize class vong by unit owners for directors or on specied issues

aecng the class. Class vong may only be used to address operaonal, physical, or administrave

dierences within the common interest community. A declarant shall not use class vong to evade any

limit imposed on declarants by this chapter and units shall not constute a class because they are owned

by a declarant. (e) The declaraon or bylaws may provide that votes on specied maers aecng the

common interest community be cast by lessees or secured pares rather than unit owners; provided

that (i) the provisions of subsecons (a), (b), and (c) apply to those persons as if they were unit owners;

(ii) unit owners who have so delegated their votes to other persons may not cast votes on those

specied maers; (iii) lessees or secured pares are entled to noce of meengs, access to records,

and other rights respecng those maers as if they were unit owners, and (iv) the lessee or secured

party has led sasfactory evidence of its interest with the secretary of the associaon prior to the

meeng. Unit owners must also be given noce, in the manner provided in secon 515B.3-108(b), of

meengs at which lessees or secured pares are entled to vote f) No votes allocated to a unit owned by

the associaon may be cast nor counted toward a quorum.

450.2441 Voting generally.

Sec. 441. (1) Each outstanding share or member is entled to 1 vote on each maer submied to a vote,

unless otherwise provided pursuant to secon 303 or 304. A vote may be cast either orally or in wring,

unless otherwise provided in the bylaws. In addion, the bylaws may provide for vong by electronic

transmission.

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Montana

TITLE 35. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS CHAPTER 2. NONPROFIT CORPORATIONS

Part 5. Members -- Delegates – Vong Acon By Wrien Ballot

35-2-533. Acon by wrien ballot.

(1) Unless prohibited or limited by the arcles or bylaws, any acon that may be taken at any annual,

regular, or special meeng of members may be taken without a meeng if the corporaon delivers a

wrien ballot to every member entled to vote on the maer.

(2) A corporaon may deliver a wrien ballot by electronic communicaon as long as a member gives

consent. Consent by a member to receive noce by electronic communicaon in a certain manner

constutes consent to receive a ballot by electronic communicaon in the same manner.

(3) A wrien ballot must:

set forth each proposed acon; and

provide an opportunity to vote for or against each proposed acon.

(4) Approval by wrien ballot pursuant to this secon is valid only when:

the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeng

authorizing the acon; and

the number of approvals equals or exceeds the number of votes that would be required to approve the

maer at a meeng at which the total number of votes cast was the same as the number of votes cast

by ballot.

(5) All solicitaons for votes by wrien ballot must:

indicate the number of responses needed to meet the quorum requirements;

state the percentage of approvals necessary to approve each maer other than elecon of directors; and

specify the me by which a ballot must be received by the corporaon in order to be counted.

(6) Except as otherwise provided in the arcles or bylaws, a wrien ballot may not be revoked.

SECTION 3-110. VOTING; PROXIES; BALLOTS.

(a) Unless prohibited or limited by the declaraon or bylaws, unit owners may vote at a meeng in

person, by absentee ballot pursuant to subsecon (b)(4), by a proxy pursuant to subsecon (c) or, when

a vote is conducted without a meeng, by electronic or paper ballot pursuant to subsecon (d).

Nevada

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Sec. 61. This act becomes eecve on January 1, 2012.

Sec. 43. NRS 116.311 is hereby amended to read as follows:

116.311 1. Unless prohibited or limited by the declaration or bylaws and except as otherwise provided in this

section, units' owners may vote at a meeting in person, by absentee ballot pursuant to paragraph (d) of

subsection 2, by a proxy pursuant to subsections 3 to 8, inclusive, or, when a vote is conducted without a

meeting, by electronic or paper ballot pursuant to subsection 9.

New Jersey

Adopted: Assembly Bill (A3802)—or its companion bill in the Senate (S1293) “An owner shall be allowed to

choose to cast a ballot anonymously for the elecon of governing board members. An owner also shall

be allowed to cast a ballot by mail, in person, or if the associaon permits, by electronic ballot. A mailed

ballot or an electronic ballot shall be deemed to be a proxy for purposes of determining a quorum for

the meeng at which the elecon is conducted."

New York

§ 602. Meetings of shareholders.

(iii) For purposes of this paragraph, "reasonable measures" with

respect to participating in proceedings shall include, but not be

limited to, audio webcast or other broadcast of the meeting and for

voting shall include but not be limited to telephonic and internet

voting.

North Carolina

Electronic Vong Statute

§ 55A-1-40. Chapter denions.

In this Chapter unless otherwise specically provided:

(1) "Arcles of incorporaon" include amended and restated arcles of incorporaon and arcles of

merger.

(2) "Board" or "board of directors" means the group of natural persons vested by the corporaon with

the management of its aairs whether or not the group is designated as directors in the arcles of

incorporaon or bylaws.

(2a) "Business corporaon" or "domesc business corporaon" means a corporaon as dened in G.S.

55-1-40.

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(3) "Bylaws" means the rules (other than the arcles) adopted pursuant to this Chapter for the

regulaon or management of the aairs of the corporaon irrespecve of the name or names by which

the rules are designated.

(4) "Charitable or religious corporaon" means any corporaon that is exempt under secon 501(c)(3) of

the Internal Revenue Code of 1986 or any successor secon, or that is organized exclusively for one or

more of the purposes specied in secon 501(c)(3) of the Internal Revenue Code of 1986 or any

successor secon and that upon dissoluon shall distribute its assets to a charitable or religious

corporaon, the United States, a state or an enty that is exempt under secon 501(c)(3) of the Internal

Revenue Code of 1986 or any successor secon.

(4a) "Conspicuous" means so wrien that a reasonable person against whom the wring is to operate

should have noced it. For example, prinng in italics or boldface or contrasng color, or typing in

capitals or underlined, is conspicuous.

(5) "Corporaon" or "domesc corporaon" means a nonprot corporaon subject to the provisions of

this Chapter, except a foreign corporaon.

(6) "Delegates" means those persons elected or appointed to vote in a representave assembly for the

elecon of a director or directors or on other maers.

(7) "Deliver" includes mail.

(8) "Distribuon" means a direct or indirect transfer of money or other property or incurrence of

indebtedness by a corporaon to or for the benet of its members, directors, or ocers, or to or for the

benet of transferees in liquidaon under Arcle 14 of this Chapter (other than creditors). (8a)

"Domesc limited liability company" has the same meaning as the term "LLC" in G.S. 57D-1-03. (8b)

"Domesc limited partnership" has the same meaning as in G.S. 59-102.

(9) "Eecve date of noce" is dened in G.S. 55A-1-41. (9a) "Electronic" has the same meaning as in

G.S. 66-312.

(9b) "Electronic record" has the same meaning as in G.S. 66-312. (9c) "Electronic signature" has the same

meaning as in G.S. 66-312.

(10) "Enty" includes:

a. Any domesc or foreign:

1. Corporaon; business corporaon; professional corporaon

2. Limited liability company;

3. Prot and nonprot unincorporated associaon, chapter or other organizaonal unit; and |

4. Business trust, estate, partnership, trust; G.S. 55A-1-40

b. Two or more persons having a joint or common economic interest; and

c. The United States, and any state and foreign government.

(10a) "Foreign business corporaon" means a foreign corporaon as dened in G.S. 55-1-40.

(11) "Foreign corporaon" means a corporaon (with or without capital stock) organized under a law

other than the law of this State for purposes for which a corporaon might be organized under this

Chapter.

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(11a) "Foreign limited liability company" has the same meaning as the term "foreign LLC" in G.S. 57D-1-

03.

(11b) "Foreign limited partnership" has the same meaning as in G.S. 59-102.

(12) "Governmental subdivision" includes authority, county, district, and municipality.

(13) "Includes" denotes a paral denion.

(14) "Individual" denotes a natural person legally competent to act and also includes the estate of an

incompetent or deceased individual.

(15) "Means" denotes an exhausve denion.

(16) "Member" means a person who is, by the arcles of incorporaon or bylaws of the corporaon,

either (i) specically designated as a member or (ii) included in a category of persons specically

designated as members. A person is not a member solely by reason of having vong rights or other

rights associated with membership.

(17) "Nonprot corporaon" means a corporaon intended to have no income or intended to have

income none of which is distributable to its members, directors, or ocers, except as permied by

Arcle 13 of this Chapter, and includes all associaons without capital stock formed under Subchapter V

of Chapter 54 of the General Statutes or under any act or acts replaced thereby.

(18) "Noce" includes demand and is dened in G.S. 55A-1-41.

(19) "Person" includes individual and enty.

(20) "Principal oce" means the oce (in or out of this State) where the principal oces of a domesc

or foreign corporaon are located, as most recently designated by the domesc or foreign corporaon in

its arcles of incorporaon, a Designaon of Principal Oce Address form, a Corporaon's Statement of

Change of Principal Oce Address form, or in the case of a foreign corporaon, its applicaon for a

cercate of authority.

(21) "Proceeding" includes civil suit and criminal, administrave, and invesgatory acon.

(22) "Record date" means the date established under Arcle 7 of this Chapter on which a corporaon

determines the identy of its members for the purposes of this Chapter.

(23) "Secretary" means the corporate ocer to whom the board of directors has delegated responsibility

under G.S. 55A-8-40(c) for custody of the minutes of the meengs of the board of directors and of the

members and for authencang records of the corporaon.

(24) "State," when referring to a part of the United States, includes a state and commonwealth (and their

agencies and governmental subdivisions) and a territory, and insular possession (and their agencies and

governmental subdivisions) of the United States.

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(24a) "Unincorporated enty" means a domesc or foreign limited liability company, a domesc or

foreign limited partnership, a registered limited liability partnership or foreign limited liability

partnership as dened in G.S. 55A-1-40 Page 3 G.S. 59-32, or any other partnership as dened in G.S. 59-

36, whether or not formed under the laws of this State.

(25) "United States" includes district, authority, bureau, commission, department, and any other agency

of the United States.

(26) "Vote" includes authorizaon by wrien ballot and wrien consent, including through an electronic

vong system or electronic ballot and electronic consent. (1955, c. 1230; 1959, c. 1161, s. 4; 1985 (Reg.

Sess., 1986), c. 801, s. 1; 1993, c. 398, s. 1; 1995, c. 539, s. 15; 1999-369, s. 2.2; 2001-358, s. 5(b); 2001-

387, ss. 33, 34, 35, 173, 175(a); 2001-413, s. 6; 2001-487, s. 62(e); 2008-37, s. 1; 2013-157, s. 4; 2021-

162, s. 2(a).)

Oregon

Chapter 100.248

100.428 Electronic ballot. (1) As used in this secon, “electronic ballot" means a ballot given by:

(a) Electronic mail;

(b) Facsimile transmission;

(d) Other means of electronic communicaon acceptable to the board of directors.

(2) Unless the declaration or bylaws prohibit or provide for other methods of electronic ballots, the board

of directors of an association of unit owners, in the board's discretion, may provide that a vote, approval or

consent of a unit owner may be given by electronic ballot.

(3) An electronic ballot shall comply with the requirements of this secon and the declaraon or

bylaws or this chapter.

(4) An electronic ballot may be accompanied by or contained in an electronic noce in accordance

with ORS 100.423.

(5) If an electronic ballot is posted on a website, a noce of the posng shall be sent to each unit

owner and shall contain instrucons on obtaining access to the posng on the website.

(6) A vote made by electronic ballot is eecve when it is electronically transmied to an address,

locaon or system designated by the board of directors for that purpose.

(7) Unless otherwise provided in the declaraon or bylaws or rules adopted by the board of directors,

a vote by electronic ballot may not be revoked.

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(8) The board of directors may not elect to use electronic ballots unless there are procedures to

ensure:

(a) Compliance with ORS 100.425 if the vote conducted by wrien ballot under ORS 100.425 uses the

procedures specied in ORS 100.425 (2)(b); and

(b) That the electronic ballot is secret, if the declaraon or bylaws or rules adopted by the board

require that electronic ballots be secret. [2007 c.409 §21]

Pennsylvania

Title 68 § 3310. Vong; proxies.

(e) Approved methods of vong.--Methods of vong shall be in accordance with the following:

(1) Except to the extent expressly prohibited in an associaon's declaraon or bylaws, the vong rights

of a unit owner may be cast or given in the following ways:

(i) in person or by proxy at a meeng of the associaon;

(ii) by absentee or electronic ballot in accordance with this subpart; or

(iii) by another method of vong expressly provided in the associaon's declaraon or bylaws.

(2) An absentee or electronic ballot may:

(i) Be counted as a unit owner present and vong for the purpose of establishing a quorum, and

otherwise, only for agenda items appearing on the ballot.

(ii) Not be counted even if properly delivered, if the unit owner aends the meeng to vote in person. A

vote cast at a meeng by a unit owner supersedes a vote submied by absentee or electronic ballot

previously submied for that agenda item.

(3) For the purposes of this subsecon, the term "electronic ballot" means a ballot cast or given by

electronic transmission over the Internet, vote management system or the associaon's community

network, whether by direct connecon, intranet, telecopier, electronic mail or other technological

means, if the identy of the unit owner subming the ballot can be conrmed and a receipt of the

electronic transmission and ballot can be made available to the unit owner.

(f) Acclamaon.--Unless the bylaws of the associaon provide otherwise, in the event that an elecon

for a posion on the execuve board is uncontested, the ocer or chair presiding at the elecon

meeng may declare the nominee elected by acclamaon aer determining there are no further

nominaons.

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South Carolina

Chapter 31 – Nonprofit Corporation Act

SECTION 33-31-708. Acon by wrien or electronic ballot.

(a) Unless prohibited or limited by the articles or bylaws, any action that may be taken at any annual, regular,

or special meeting of members may be taken without a meeting if the corporation delivers a written

or electronic ballot to every member entitled to vote on the matter.

(b) A wrien or electronic ballot shall:

(1) set forth each proposed acon; and

(2) provide an opportunity to vote for or against each proposed acon.

votes cast by ballot equals or exceeds the quorum required to be present at a meeng authorizing the

acon, and the number of approvals equals or exceeds the number of votes that would be required to

approve the maer at a meeng at which the total number of votes cast was the same as the number of

votes cast by ballot.

(d) All solicitaons for votes by wrien 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 maer other than elecon of directors;

and

(3) specify the me by which a ballot must be received by the corporaon in order to be counted.

(e) Except as otherwise provided in the arcles or bylaws, a wrien or electronic ballot may not be

revoked.

Tennessee

48-57-10_. (a) Unless the charter or bylaws provide otherwise, and subject to guidelines and procedures

as the corporaon may adopt, a corporaon may permit one (1) or more members or proxyholders to

parcipate in a regular or a special meeng by, and the corporaon may conduct the meeng through

the use of, any means of remote communicaon if: (1) The corporaon implements reasonable

measures to verify that each person deemed present and permied to vote at the meeng by means of

remote communicaon is a member entled to vote or proxyholder of a member entled to vote; (2)

The corporaon implements reasonable measures to provide members and proxyholders a reasonable

opportunity to parcipate in the meeng and to vote on maers submied to the members, including

an opportunity to read or hear the proceedings of the meeng substanally concurrently with the

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proceedings; and (3) The corporaon maintains a record of each vote or other acon taken by a member

or proxyholder that is taken by means of remote communicaon. (b) A member or proxyholder who

parcipates in a meeng by the means described in this secon, whether the meeng is to be held at a

designated place or solely by means of remote communicaon, is deemed to be present in person at the

meeng.

Texas

Texas Property Code - Chapter 209 - adds 209.00592 and 209.00593 - Membership Vong (Absentee and

Electronic Vong) - Historically, Homeowners have been limited to vong by casng ballots at a meeng

either in person or by proxy. New Secons 209.00592 and 209.00593 now authorize Subdivision HOAs to

conduct Homeowner vong by absentee ballots and electronic ballots (in addion to casng ballots in

person or by proxy at a meeng). Such statutes also establish certain procedures for conducng

absentee vong by mail and electronic vong using email or the internet, and allow votes cast in

absena or electronically to count towards a quorum requirement.

Vermont

Section 3-110 Voting; proxies; ballots. (a) Unless prohibited or limited by the declaraon or bylaws, unit

owners may vote at a meeng in person, by absentee ballot pursuant to subdivision (b)(4) of this secon,

by a proxy pursuant to subsecon (c) of this secon or, when a vote is conducted without a meeting,

by electronic or paper ballot pursuant to subsection (d) of this section.

Virginia

§ 55.1-1815. Access to associaon records; associaon meengs; noce.

A. The associaon shall keep detailed records of receipts and expenditures aecng the operaon and

administraon of the associaon. All nancial books and records shall be kept in accordance with

generally accepted accounng pracces.

B. Subject to the provisions of subsecon C and so long as the request is for a proper purpose related to

his membership in the associaon, all books and records kept by or on behalf of the associaon shall be

available for examinaon and copying by a member in good standing or his authorized agent, including:

1. The associaon's membership list and addresses, which shall not be used for purposes of pecuniary

gain or commercial solicitaon; and

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2. The actual salary of the six highest compensated employees of the associaon earning over $75,000

and aggregate salary informaon of all other employees of the associaon; however, individual salary

informaon shall not be available for examinaon and copying during the declarant control period.

Notwithstanding any provision of law to the contrary, this right of examinaon shall exist without

reference to the duraon of membership and may be exercised (i) only during reasonable business hours

or at a mutually convenient me and locaon and (ii) upon ve business days' wrien noce for an

associaon managed by a common interest community manager and 10 business days' wrien noce for

a self-managed associaon, which noce reasonably idenes the purpose for the request and the

specic books and records of the associaon requested.

C. Books and records kept by or on behalf of an associaon may be withheld from inspecon and

copying to the extent that they concern:

1. Personnel maers relang to specic, idened persons or a person's medical records;

2. Contracts, leases, and other commercial transacons to purchase or provide goods or services,

currently in or under negoaon;

3. Pending or probable ligaon. For purposes of this subdivision, "probable ligaon" means those

instances where there has been a specic threat of ligaon from a person or the legal counsel of such

person;

4. Maers involving state or local administrave or other formal proceedings before a government

tribunal for enforcement of the associaon documents or rules and regulaons promulgated pursuant to

§ 55.1-1819;

5. Communicaons with legal counsel that relate to subdivisions 1 through 4 or that are protected by the

aorney-client privilege or the aorney work product doctrine;

6. Disclosure of informaon in violaon of law;

7. Meeng minutes or other condenal records of an execuve session of the board of directors held in

accordance with subsecon C of § 55.1-1816;

8. Documentaon, correspondence, or management or board reports compiled for or on behalf of the

associaon or the board by its agents or commiees for consideraon by the board in execuve session;

9. Individual lot owner or member les, other than those of the requesng lot owner, including any

individual lot owner's or member's les kept by or on behalf of the associaon.

D. Books and records kept by or on behalf of an associaon shall be withheld from inspecon and

copying in their enrety only to the extent that an exclusion from disclosure under subsecon C applies

to the enre content of such books and records. Otherwise, only those porons of the books and records

containing informaon subject to an exclusion under subsecon C may be withheld or redacted, and all

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porons of the books and records that are not so excluded shall be available for examinaon and

copying, provided that the requesng member shall be responsible to the associaon for paying or

reimbursing the associaon for any reasonable costs incurred by the associaon in responding to the

request for the books and records and review for redacon of the same.

E. Prior to providing copies of any books and records to a member in good standing under this secon,

the associaon may impose and collect a charge, reecng the reasonable costs of materials and labor,

not to exceed the actual costs of such materials and labor. Charges may be imposed only in accordance

with a cost schedule adopted by the board of directors in accordance with this subsecon. The cost

schedule shall (i) specify the charges for materials and labor, (ii) apply equally to all members in good

standing, and (iii) be provided to such requesng member at the me the request is made.

F. Notwithstanding the provisions of subsecons B and C, all books and records of the associaon,

including individual salary informaon for all employees and payments to independent contractors, shall

be available for examinaon and copying upon request by a member of the board of directors in the

discharge of his dues as a director.

G. Meengs of the associaon shall be held in accordance with the provisions of the bylaws at least once

each year aer the formaon of the associaon. The bylaws shall specify an ocer or his agent who

shall, at least 14 days in advance of any annual or regularly scheduled meeng and at least seven days in

advance of any other meeng, send to each member noce of the me, place, and purposes of such

meeng. In the event of cancellaon of any annual meeng of the associaon at which directors are

elected, the seven-day noce of any subsequent meeng scheduled to elect such directors shall include

a statement that the meeng is scheduled for the purpose of the elecon of directors.

Noce shall be sent by United States mail to all members at the address of their respecve lots unless

the member has provided to such ocer or his agent an address other than the address of the

member's lot. In lieu of sending such noce by United States mail, noce may instead be (i) hand

delivered by the ocer or his agent, provided that the ocer or his agent ceres in wring that noce

was delivered to the member, or (ii) sent to the member by electronic mail, provided that the member

has elected to receive such noce by electronic mail and, in the event that such electronic mail is

returned as undeliverable, noce is subsequently sent by United States mail. Except as provided in

subdivision C 7, dra minutes of the board of directors shall be open for inspecon and copying (a)

within 60 days from the conclusion of the meeng to which such minutes appertain or (b) when such

minutes are distributed to board members as part of an agenda package for the next meeng of the

board of directors, whichever occurs rst.

H. Unless expressly prohibited by the governing documents, a member may vote at a meeng of the

associaon in person, by proxy, or by absentee ballot. Such vong may take place by electronic means,

provided that the board of directors has adopted guidelines for such vong by electronic means.

Members vong by absentee ballot or proxy shall be deemed to be present at the meeng for all

purposes.

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Washington State

RCW 24.06.110 Voting - A member or shareholder may vote in person or, unless the articles of

incorporation or the bylaws otherwise provide, may vote by mail, by electronic transmission, or by proxy

executed in writing by the member or shareholder or by his or her duly authorized attorney-in-fact:

PROVIDED, That no proxy shall be valid for more than eleven months from the date of its execution unless

otherwise specified in the proxy.

RCW 24.03.085 Voting.

(1) The right of the members, or any class or classes of members, to vote may be limited, enlarged or

denied to the extent specied in the arcles of incorporaon or the bylaws. Unless so limited, enlarged

or denied, each member, regardless of class, shall be entled to one vote on each maer submied to a

vote of members.

(2) A member may vote in person or, if so authorized by the articles of incorporation or the bylaws, may vote

by mail, by electronic transmission, or by proxy in the form of a record executed by the member or a duly

authorized attorney-in-fact. No proxy shall be valid aer eleven months from the date of its execuon,

unless otherwise provided in the proxy.

(3) If specically permied by the arcles of incorporaon or bylaws, whenever proposals or directors or

ocers are to be elected by members, the vote may be taken by mail or by electronic transmission if the

name of each candidate and the text of each proposal to be voted upon are set forth in a record

accompanying or contained in the noce of meeng. If the bylaws provide, an elecon may be

conducted by electronic transmission if the corporaon has designated an address, locaon, or system to

which the ballot may be electronically transmied and the ballot is electronically transmied to the

designated address, locaon, or system, in an executed electronically transmied record. Members

vong by mail or electronic transmission are present for all purposes of quorum, count of votes, and

percentages of total vong power present.