Eagle Vail Property Owners Association, Inc.
This article addresses the authority of the Eagle Vail Property Owners Association, (“Association”) to conduct election of Members of the Board of Directors via electronic means. The applicable Governing Documents and statutory provisions are as follows:
- Bylaws – Section 2 addresses voting and there are no restrictions for submitting a ballot electronically. Section 2.04 regarding voting by mail allows for ballot to be returned as designated by the Association. Section 2.06 expressly allows proxies to be returned via email and only requires that they be signed by the Unit Owner;
- Meeting Policy – Article 6 addresses Voting:
- Section 6(a) – No restrictions on how Ballots may be submitted;
- Section 6(e) – Proxies – need to be able to confirm Owner name, date and signature to determine if authorized to vote.
- CCIOA – C.R.S. 38-33.3-310 addresses voting. No restrictions on electronic voting found in this Section. In terms of the secret ballot for Board elections, that is met by having Ballots submitted in a manner that keeps the voting record secure from members knowing how other members voted. Secrecy sleeves are not required. Submittal of ballots to Management, committee of volunteers, or a neutral third party meets this goal. See attached statute. Ballots need to be counted then by a neutral party and results cannot state how individual Owners voted. See attached statute.
- Colorado Uniform Electronic Records Act – At C.R.S. 24-71.3-107 – Colorado provides legal recognition of electronic contracts and signatures.
As I understand it, electronic methods are already essentially utilized for voting by the Association by submission of proxies and ballots via email attachments. Thus, voting by any other electronic means that allow for electronic signature and dating on the Ballot would be acceptable. Please note that regardless of electronic voting occurring, notice of Annual Meetings and elections still have to be mailed regular mail to all Owners except for those Owners that have executed authorization for electronic delivery only. It would be advisable to adopt a policy in this regard.
Please contact us if you have any further questions in regard to this correspondence.
Very truly yours,
GOODMAN AND WALLACE, P.C.
Kerry H. Wallace