CAI-NJ Jan. 2022(w)

ONLINE VOTING... from page 14.

achieved by electronic means if (a) the affected association member, or voting-eligible tenant where applica- ble, has agreed in writing to accept notice by electronic means, or (b) the governing documents permit elec- tronic notices, provided another form of voting by absentee balloting or proxy voting is available. Therefore, the options for a board to establish electronic notices are limited to (i) a board resolution establishing an opt-in procedure for electronic noticing, or (ii) a by-law amendment authorizing electronic noticing. With respect to electronic voting, the Radburn Law expressly allowed associ- ations to conduct electronic voting: “An association shall not prevent voting for an executive board elec- tion by electronic means where the executive board determines to employ voting in such manner and an association member, or voting-eligible tenant where appli- cable, consents to casting a vote in such matter.” N.J.S.A. 45:22A-45.2(8). As with electronic notices, consent by members voting electronically was required in order for the vote to be valid. The regulations adopted by DCA last year, however, now require an association’s bylaws to be amend- ed to specifically permit electronic voting. As a result, associations must now ensure their bylaws permit elec- tronic voting in order to conduct an election electronically.

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