With the law permitting Illinois HOA electronic voting, more associations are turning to technology for their elections. Electronic voting offers convenience and efficiency, but there’s a lot more to it than initially meets the eye.
The Law on Illinois HOA Electronic Voting
Homeowners associations are no strangers to voting. These associations hold board elections and conduct board- or community-wide votes on various matters.
In the past, before the rise of technology, voting was limited to physical ballots or hand raises. With modern tools, associations now have the option to vote online, provided state laws permit it.
In Illinois, electronic voting is allowed by the Condominium Property Act, the Common Interest Community Act, and the General Not For Profit Corporation Act. Let’s take a closer look at these provisions below.
Illinois Condominium Property Act
According to Section 18, if the condominium’s governing documents or its rules specifically allow it, owners can vote or submit proxies electronically. Any electronic vote or proxy must include information that proves it was sent and authorized by the owner or their proxy.
Additionally, Section 18.8 states that any vote, consent, or approval that the governing documents require may be done through electronic means. The association must create a record of this action and retain it for the same amount of time as it would be kept if it were on paper.
The association must send the instructions for electronic voting to all owners between 10 and 30 days before the election. The board must also give at least 21 days’ written notice of the deadline to be added as a candidate on the ballot. This deadline must be no more than 7 days before the association sends out the voting instructions.
The voting instructions must include the names of all candidates who met the deadline for submission. They must also allow voters to write in other candidates.
Furthermore, an owner who votes electronically can still vote in person at the meeting. That said, doing this cancels their earlier electronic vote.
Illinois Common Interest Community Act
According to Section 1-25, members of an HOA may vote using electronic methods, but the association must adopt these rules beforehand. In these elections, members can’t vote by proxy.
Similar to condos, HOAs must also send instructions for electronic voting to all members at least 10 days, but no more than 30 days, before the election. The instructions must list all candidate names who met the submission deadline, but also allow write-in candidates.
Members who vote electronically can still request to vote in person at the meeting. Again, doing so will override their earlier electronic vote.
Section 1-85 also states that electronic voting can be used for any vote, consent, or approval that the governing documents require. The association must create a record of this as evidence and retain it as it would for paper records.
Illinois General Not For Profit Corporation Act
According to Section 108.15, unless the bylaws or articles of incorporation say otherwise, board and committee members may attend and vote at any meeting using electronic communication.
Pros and Cons of Illinois HOA Online Voting
When deciding whether to allow electronic voting, associations should consider the advantages and disadvantages it presents.
Pros of Online Voting
Here are the advantages of electronic voting.
- Higher Participation Rate. Electronic voting allows owners to cast ballots from anywhere, increasing turnout among absentee owners, busy professionals, or those who can’t attend meetings.
- Convenience and Accessibility. It is faster and easier than mailing ballots or attending in person. Owners can vote on their phones or computers at any time within the voting window.
- More Accurate Votes. Electronic systems automatically tally votes, reducing manual counting errors and producing instant, accurate results.
- Stricter Security. Voting platforms typically have strong encryption and two-factor authentication requirements that help preserve security.
- Cost Savings. Associations save on printing, mailing, and administrative costs tied to paper ballots and postage.
Cons of Online Voting
Here are the disadvantages of electronic voting.
- Initial Costs. While it saves money long-term, adopting a secure voting platform involves upfront costs.
- Lacks Human Touch. Electronic voting doesn’t allow for in-person discussions or debates. Traditional meetings also enable candidates to present their platforms to attendees.
- Technology Barriers. Not all owners are tech-savvy or have regular internet access. Some individuals may require alternative paper ballots or in-person voting options.
- Security Concerns. There is always a risk of hacking, unauthorized access, or breaches if the platform lacks proper safeguards.
Tips for Conducting Illinois HOA Electronic Voting
Online voting can prove tricky, especially for fledgling associations that don’t know where to start. Here are the best tips when considering Illinois HOA electronic voting.
1. Establish Clear Voting Rules
First, the board should formally adopt rules that specifically allow electronic voting. While Illinois law does permit this method, it only applies if the governing documents explicitly authorize it.
Electronic voting rules must do the following:
- Outline which electronic platforms or technologies are acceptable.
- Detail how the association will distribute, authenticate, and securely tally the ballots.
- Include the process for paper or in-person voting alternatives.
The HOA must adopt the voting rules at least 120 days before the election if these rules will override proxy voting.
2. Provide Adequate Notice
Both condo associations and HOAs must provide 10 to 30 days’ written notice along with the voting instructions. Make sure to include precise details on how residents can vote electronically. This notice must also state the deadline for voting and provide alternative options for the vote.
3. Choose a Voting Platform Wisely
Not all voting platforms are made equal. Boards should choose a platform that offers stringent security standards, prevents duplicate voting, and authenticates each voter safely. If the governing documents require secret ballots, the platform should also have features that accommodate this requirement.
Finally, the voting platform should provide a verifiable audit trail and record storage for Illinois HOA e-ballots. This makes documentation and tracking easier in the long run.
4. Keep Records
Associations should keep detailed records of the ballots cast (both electronically and physically), the tallied votes, and the results. Documentation should also reflect the platform used, meeting minutes, and any disputes that arose.
5. Communicate
Communication is paramount to any community, but especially leading up to a big vote. Boards should provide the voting instructions and distribute ballots within the required timeframe. It is also a good idea to follow up on the votes, particularly if there is a low turnout.
Board members should send out reminders about deadlines and how residents can cast their votes. If some residents prefer not to vote electronically, ensure that alternatives like in-person or mail-in ballots are provided.
The Final Word
It’s not always easy to navigate Illinois HOA electronic voting. Associations should ask for legal advice from an HOA attorney or an experienced community manager whenever possible.
An HOA management company can assist with elections and voting. Start looking for the best one in your area using HOA Explore!
