Many homeowner associations, condominium associations, and community associations will be engaging in the election of directors for their board this fall. As many community associations gear up for fall elections, your association board might find the following information and forms useful.
In 2004, the legislature added subsection E to 18 O.S. 1060 to allow for the submission of electronic voting ballots. Without an abundance of provision, the legislature provided:
E. If authorized by the governing body, any requirement of a written ballot shall be satisfied by a ballot submitted by electronic transmission, provided that the electronic transmission shall either set forth or be submitted with information from which it can be determined that the electronic transmission was authorized by the member or proxy holder.
Each board would need to determine what would constitute "information" sufficient to determine the ballot was in fact cast by a member or proxy holder. While electronic voting does pose some unique problems, allowing members to vote via email, fax, or other electronic transmission could allow the association to garner more participation from members than the association would otherwise.
Another helpful tool for elections may be the use of candidate surveys. For a sample, you can Download form_bod_election_survey.pdf . A survey allows the members to know a little more about a candidate before voting. In larger associations, the members might not know the qualifications of a particular candidate. The survey provides the member with information on which to base an informed decision.
A final tip regards the inspection of elections. For incorporated associations, Oklahoma law requires elections to be administered with at least one inspector. To read the applicable statute, click here. One provision in 18 O.S. 1075.1 requires inspectors to execute an oath of inspection. For a sample, you can Download form_inspectors_oath.pdf.
Matthew L. Winton, Esq.
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