In September, California Gov. Gavin Newsom signed AB 2159 into law, making electronic voting a possibility for California-based community associations.
The law aims to maximize voter turnout and improve the voting process in communities for more sustainable and equitable elections. AB 2159 will allow community associations to conduct electronic elections, governing document votes, and votes to approve exclusive use of common area transfers. Under the law, membership approval will not be required for electronic voting, but communities will be able to “adopt election rules to allow for an inspector of elections to conduct elections electronically.” Community members will still be able to opt for a traditional written ballot. In addition, paper ballots are required for special assessment votes.
AB 2159 marks just one of several recent developments for online elections in community associations. Online voting systems offer customizable ballots, real-time results, and secure processes. Today, we spend more time on our phones than ever, and communication methods have changed significantly. Traditional mail is now opened only 42% of the time. Email does a bit better, but still lags with only 18% of emails opened, according to Campaign Monitor, a global technology company. There are many benefits to holding online elections. They include:
- Increased participation. The convenience of voting from anywhere encourages more members to participate in the decision-making process.
- Efficiency and accessibility. Effortlessly achieve quorum and guarantee accessibility on the go from your phone. This is particularly beneficial for those who can’t attend in-person meetings or vote via traditional methods due to time constraints or physical limitations.
- Enhanced security. Online voting can offer greater security and transparency than traditional methods. Digital trails provide clear audit capabilities and enhance the integrity of the election process.
- Promoting speed. E-voting streamlines the voting process. It alleviates the burden on board members and managers by eliminating the need for manual labor and vote counting.
The cost of setting up an e-voting system might seem elevated at first, but it is offset by long-term benefits. Traditional voting methods involve high costs like printing, distributing, and collecting ballots.
For communities considering the move to online elections, several best practices can ensure a smooth transition:
- Legal compliance. Associations must first ensure that online voting is permissible under their governing documents and state laws. This may involve amending bylaws or seeking legal counsel to navigate specific requirements.
- Educating owners. Transitioning to online voting requires teaching owners about the new system. This involves clear communication about how to use the platform, the security measures in place, and its benefits.
- Pilot testing. Before fully implementing online voting, booking a free demo and conducting a pilot test can help identify any potential issues and solve member concerns.
Managing online elections is a significant step toward modernizing community governance. Communities that embrace digital solutions can ensure their election processes are inclusive and transparent while maximizing turnout, enhancing security, and saving time and money.
Carlos Guzman, CEO at ONR Applications in Miami, contributed to this article.
>>CAI’s Mastering Virtual Meetings and Electronic Voting: A Guide for Community Association Leaders has information for new and experienced board members on how to conduct virtual meetings and elections simply and effectively.
Is there a list of states where Comm Assoc electronic voting is allowed or is in the works?
Good question. Here’s an overview of electronic voting and meeting state statutes: https://www.caionline.org/advocacy/advocacy-priorities-overview/electronic-voting-and-virtual-meetings/