Florida has approved the use of e-voting for condo & homeowner associations and cooperatives but of course there are rules, This article is intended to help shed a little light on what each of those rules mean and how Vote HOA Now addresses each of them.
The language for condos & cooperatives is identical, the language for homeowner associations is almost identical and only differs in that item 2 (d) having to do with secret ballots adds a line stating “This paragraph only applies if the association’s bylaws provide for secret ballots for the election of directors.”
You can read each section for yourself on the Florida Legislature website.
Chapter 718.128 covers condominiums
Chapter 719.129 covers cooperatives
Chapter 720.317 covers homeowner associations
On to the code and an explanation
(2) The association uses an online voting system that is:
This would indicate that the owner data that is loaded into the online voting system is a match for the data provided to each owner by the association. Voting is accomplished in one of two ways, the first being a link that is encrypted with each owner’s name, email address and possibly more information. This link would be emailed to the owner at the address that was loaded in the database. Clicking on the link would take them right into the ballot where they can make their choices and cast the ballot. The second way which is what most of our Florida clients use and what the attorneys we’ve talked with in Florida prefer is to assign a “registration code” (a PIN) to each homeowner, entering a valid, unused PIN at the prompt sends them to an account creation form where they provide their first and last name and an email address. This provides an extra layer of authentication, the PIN can be emailed to the owner at the email address that is loaded in the database or alternatively be sent to them by regular mail. After registering to vote they would be taken into the ballot to vote.
(d) For elections of the board of administration, able to permanently separate any authentication or identifying information from the electronic election ballot, rendering it impossible to tie an election ballot to a specific unit owner.
In a secret election we have two reports available, one is a list of votes cast with no identifying information as to who cast the vote. The other is a report of who voted without any information as to how they voted.
(e) Able to store and keep electronic votes accessible to election officials for recount, inspection, and review purposes.
With our annual account voting records are kept as long as the account is retained by the association. That is to say as long as the service is renewed each year, records are kept. At a minimum voting records are kept for one (1) year with annual accounts.