Facilitating Community Participation via Electronic Voting
In many community associations, voter apathy is a real issue, with members failing to return proxies and not attending meetings. This lack of participation affects not only elections, but also other important membership votes, such as amending governing documents or voting on material alterations. Simplifying the voting process for owners can go a long way toward encouraging greater participation.
One particularly effective way to address participation issues is to amend the governing documents to lower the voting threshold required for approvals. For example, changing the required threshold from a percentage of the entire membership to a percentage of those who actually vote can help. Otherwise, members who do not vote are essentially casting a “no” vote—making voter apathy a significant obstacle to approving association business. Lowering quorum requirements can also be effective. Association counsel can review your current requirements and discuss potential improvements that may make approvals easier to obtain.
Another way to simplify voting is to authorize and implement electronic voting, along with obtaining owner consent to receive official notices electronically. This can be especially beneficial for communities with seasonal or part-time residents. Many communities, however, have not yet taken advantage of these options—even though electronic tools can meaningfully improve participation.
In authorizing electronic voting, the Florida Legislature established several statutory requirements for setting up an online voting system. As with any statutory process, it is important to work with association counsel to ensure your community correctly implements such a system.
First, a unit owner must consent in writing to online voting. This consent is separate from a unit owner’s consent to receive notices by electronic transmission. However, for administrative ease and efficiency, association counsel can prepare a form allowing owners to consent to one or both options within a single document. An owner who consents to electronic voting may also opt out later.
The Legislature amended the shared ownership statutes over recent years as pertains to online voting. Last year’s changes allow a percentage of unit owners to petition to implement online voting even if the board was not inclined to offer online voting as a voting option. Additionally, if the board authorizes online voting, it must honor a unit owner’s request to vote electronically at all subsequent elections, unless the unit owner opts out.
In addition to the consent form, the association should have counsel prepare the board resolution authorizing the online voting system. The statute includes specific requirements for that resolution, including provisions that unit owners receive notice of the opportunity to vote through an online voting system, along with reasonable procedures and deadlines for owners to consent and to later opt out.
Written notice of the meeting at which the online voting resolution will be considered by the Board must be mailed, delivered, or electronically transmitted to unit owners and posted conspicuously on the condominium or association property although the length of the advance notice required for that Board meeting varies by statute.
The statute includes several requirements for the association’s online voting system. The association must provide each unit owner with a method to authenticate the unit owner’s identity and confirm that the owner’s electronic device can successfully communicate with the voting system. The confirmation method must be available at least fourteen days before the voting deadline.
The online system must also authenticate the owner’s identity and validate each electronic vote to ensure the vote is not altered in transit. The system must provide a receipt to each unit owner who casts a vote electronically.
For board elections, the association must also provide a method that ensures the secrecy and integrity of the ballot. The system must permanently separate identifying information from the election ballot so it is impossible to tie a ballot to a specific owner. The system must also store electronic votes in a manner accessible to election officials in the event of a recount, inspection, and/or review.
Prior to membership votes taken at meetings (except condominium elections), a quorum must be reached. The shared ownership statutes provide that a unit owner voting electronically is counted as being in attendance for quorum purposes. This makes it easier for associations to attain a quorum and obtain required approvals for important membership votes.
Because of the number of requirements involved in properly setting up electronic voting and acquiring consent for electronic notices, it is important for associations to consult with legal counsel to ensure that the correct procedures are followed.
About Donna DiMaggio Berger
Donna DiMaggio Berger is a shareholder and Vice Chair of Becker’s Condominium, Co-Op & HOA Practice in Fort Lauderdale, Florida. She is a Board Certified Specialist in Condominium & Planned Development Law and a Fellow of the College of Community Association Lawyers, recognized for her leadership in community association law and advocacy, including testifying before the Florida Legislature and leading Becker’s Community Association Leadership Lobby (CALL) to advance the interests of shared ownership communities. She hosts Becker’s Take It To The Board podcast, where she addresses real-world issues facing condominiums, cooperatives, and homeowners’ associations and offers practical insights for board members, managers, and residents. Ms. DiMaggio Berger has been honored as a member of Florida Trend’s Legal Elite and as a Woman Extraordinaire by South Florida Business Leader. She was named 2025 Community Association Attorney of the Year by Best Lawyers of America, among other accolades, and represents community associations throughout Florida with deep expertise and a strong commitment to service.
