Can an HOA hold virtual meetings and vote electronically?
By OurHOA · General information · Revised
Remote attendance and electronic ballots are separate procedures. Check the authority, access requirements, and voting safeguards for each.
Separate attendance from voting
Joining a meeting by video does not automatically authorize voting through its chat or poll feature. A remote meeting, an electronic membership ballot, and a board decision by email are different procedures. Identify which one you need and which body is acting. Then check the law for your association type, its governing documents, and its adopted rules. A convenient platform cannot supply missing legal authority.
Plan how everyone entitled to attend can participate
Give members usable connection instructions and a way to report access problems. Test sound, speaking controls, and any permitted phone or in-person alternative before the meeting. For covered California mutual benefit corporations, Corporations Code § 7510 describes remote member participation, voter verification, recordkeeping, and conditions for a wholly remote meeting. Those member-meeting provisions are not a substitute for the separate rules governing HOA board meetings.
Verify the electronic voting process
Determine how voter eligibility is checked, duplicate ballots are prevented, votes are recorded, and election officials can inspect the result. Where secrecy is required, identifying an eligible voter must not expose that person’s choices. Florida § 720.317 requires member consent and a board resolution, with specified notice, system, receipt, and record-access requirements. Its ballot-separation requirement applies when the bylaws provide for secret director-election ballots. Review the actual process rather than relying on a vendor’s general claim of compliance.
Do not assume every state uses an opt-in rule
California Civil Code § 5105(i) permits qualifying electronic secret-ballot elections under adopted operating rules, with both opt-in and opt-out arrangements contemplated by the statute. It excludes elections regarding regular or special assessments and contains deadlines, notice, inspector, and paper-ballot requirements. The choice of technology can therefore affect the election calendar and available nomination procedures. Confirm those details before announcing an online election.
Keep an accessible alternative and an audit trail
Explain how members select the permitted voting method, obtain help, and meet the deadline. Check the paper process and reconcile it with electronic participation so a person cannot vote twice. Preserve the required ballots and records without publishing private voting information. A login, a show of hands on video, or a generic survey result is not evidence that the association completed a compliant election.
Sources
These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.