CAI-NJ Jan. 2022(w)

Even After COVID, ONLINE VOTING is Here to Stay for Common Interest Communities By Steven Mlenak, Esq, Greenbaum, Rowe, Smith & Davis LLP and Cathi Sleight, VoteHOANow - Strateja-XL, Inc.

2 020 and 2021 will forever be known as the years of the COVID -19 pandemic, and we have seen many changes as a result. One of the main (if only) positive developments is society’s willingness to participate in work and civic meetings remotely. In common interest communities around the country, community participation has increased notably. As the technological comfort level of owners, board members, and managers has grown, many associations are now looking to continue holding board election and other membership votes electronically even beyond the pandemic. Annual elections are required for every association, but they can also be one of the most stressful times of the year for managers and board members alike. The legal require- ments governing community association election proce- dure that are dictated by statutes, regulations, and each association’s governing documents can be overwhelming, and often rife with potential missteps that can invalidate the entire process. Even though it may take a little extra diligence upfront, electronic voting can yield several advan- tages over traditional elections:

It’s convenient for voters as, depending upon the third-par- ty provider, voters can typically vote from any computer, smart phone or tablet. • Convenience means more people will vote, and achieving quorum is more likely than in an in-person election requiring voters to attend a meeting or mailing in a ballot. • It is more accurate, as most votes are tabulated electron- ically, making recounting a thing of the past. • It’s more secure than paper ballots. • Removing homeowners and management from the pro- cess removes opportunities for voter fraud. Electronic voting has been in practice for many years, but it was not until the Radburn Law was adopted in 2017, and the Department of Community Affairs’(DCA) regulations were promulgated in 2020, did it become rec- ognized by legal authority. Notably, the law distinguishes between electronic notices and electronic voting. With respect to electronic notices, N.J.S.A. 45:22A- 45.2(5) provides that notice of an election may be CONT I NU E S ON PAGE 16

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