Oklahoma HOA's are governed by a chain of governing documents: The articles of incorporation filed with the secretary of state provide the legal basis of the association in the form of an incorporated nonprofit corporation. The recorded map or plat defines each owner's title to property including the association's title to common areas. The CCRs (covenants, conditions, and restrictions) are publicly recorded deed restrictions.
Referring to Title 18, Chapter 22, Section 1028 B. it says: “B. Officers shall be chosen in such manner and shall hold their offices for such terms as are prescribed by the bylaws or determined by the board of directors or other governing body. Each officer shall hold his office until his successor is elected and qualified or until his earlier resignation or removal. Any officer may resign at any time upon written notice to the corporation.”
Section 1056 E. says E. All elections of directors shall be by written ballot, unless otherwise provided for in the certificate of incorporation; if authorized by the board of directors, the requirement of a written ballot shall be satisfied by a ballot submitted by electronic transmission; provided that the electronic transmission must either set forth or be submitted with information from which it can be determined that the electronic transmission was authorized by the shareholder or proxyholder.
Unless your associations documents have language that define the rules of holding elections in a manner that does not allow for e-voting you should be able to use e-voting in your community.
This article is not intended as legal advise. We do advise that you check with your associations attorney before implementing electronic voting.
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