Florida Statutes for Online Voting - Home Owners Associations

by , 4/10/2017

The Florida legislature has opened the door for online voting for homeowners' associations. Compliance boils down to communication, security, and flexibility.

As of July 1, 2015, the state of Florida officially recognizes online voting for elections and other general membership votes by homeowners associations. Here are the Florida Statutes for Homeowners Association online elections:

Title XL REAL AND PERSONAL PROPERTY

Chapter 718 HOMEOWNERS' ASSOCIATIONS Entire Chapter

SECTION 128

Electronic voting.

720.317 Electronic voting. - The association may conduct elections and other membership votes through an Internet-based online voting system if a member consents, in writing, to online voting and if the following requirements are met:

  1. The association provides each member with:
    1. A method to authenticate the memberís identity to the online voting system.
      ezVote offers several authentication methods, including our most popular, Email Authentication & Password Authentication.
      See www.ezVoteOnline.com/?AuthenticationOptions
    2. A method to confirm, at least 14 days before the voting deadline, that the memberís electronic device can successfully communicate with the online voting system.
      ezVote is compatible will all browsers, on smartphones, laptops, tablets & workstations!
    3. A method that is consistent with the election and voting procedures in the association's bylaws.

  2. The association uses an online voting system that is:
    1. Able to authenticate the memberís identity.
      The name & email address of each eligible voting member are provided by the associationís election administrator prior to the voting period.
    2. Able to authenticate the validity of each electronic vote to ensure that the vote is not altered in transit.
      The ezVote website employs SSL Certificate Security, which prevents man-in-the-middle attacks, ensuring the ballot vote is cast as intended!
    3. Able to transmit a receipt from the online voting system to each member who casts an electronic vote.
      ezVote offers the voter a chance to have their ballot receipt emailed with date/time stamp.
    4. 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 member. This paragraph only applies if the associationís bylaws provide for secret ballots for the election of directors.
      ezVote offers offers several levels of security, including ďSecurity level: Ultimate Secret VotingĒ, which insures that the voters' ballot selections are not identifiable (not linked to the voter).
      See www.ezVoteOnline.com/M/Security-Options
    5. Able to store and keep electronic ballots accessible to election officials for recount, inspection, and review purposes.
      ezVote stores ALL ballots indefinitely, and can be deleted upon request.

  3. A member voting electronically pursuant to this section shall be counted as being in attendance at the meeting for purposes of determining a quorum.
    ezVote allows you to define Quorums for your elections, based on Percentage or Quantity of voters.

  4. This section applies to an association that provides for and authorizes an online voting system pursuant to this section by a board resolution. The board resolution must provide that members receive notice of the opportunity to vote through an online voting system, must establish reasonable procedures and deadlines for members to consent, in writing, to online voting, and must establish reasonable procedures and deadlines for members to opt out of online voting after giving consent. Written notice of a meeting at which the board resolution regarding online voting will be considered must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the association property at least 14 days before the meeting. Evidence of compliance with the 14-day notice requirement must be made by an affidavit executed by the person providing the notice and filed with the official records of the association.
    ezVote will work with your association to setup your ballot to make sure it meets your expectations and Florida Statutes. We offer 'Sample Invitations' for you to notify your voters of the online election.

  5. A memberís consent to online voting is valid until the member opts out of online voting pursuant to the procedures established by the board of administration pursuant to subsection (4).
    ezVote honors the preference of the Voter, and will never send an unsolicited email to any voter.

  6. This section may apply to any matter that requires a vote of the members.
    In addition to Elections, you can use ezVote for Polls, Surveys, Nominations & Questionnaires


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