New changes to the condominium electronic voting statute, effective July 1, 2025, create a new framework for condominium voting by allowing owners to submit signed ballots by email. The new statutory changes are far from clear, and practitioners are currently debating the best way to interpret when and how this new voting method is to be used. What is clear is that those condominium associations that have adopted electronic voting are not required to offer the new voting method or to accept signed ballots that owners have submitted via email. The new voting method is codified in revisions to the electronic voting statute that allow an owner to waive the privacy of their ballot by casting an emailed ballot. Under the revised statute, any condominium association that has not adopted electronic voting must accept emailed ballots going forward and must designate an email address for submission of these email ballots. A unit owner choosing to vote by email must transmit their completed ballot to the email address designated by the association no later than the scheduled date and time of the meeting, and the association must then count the completed ballots that were submitted by email.
All electronically transmitted ballots must include spaces for the unit owner to fill in their unit number, as well as their first and last name, which also functions as their signature for purposes of signing the ballot. All ballots to be signed and submitted by email must include a statutory disclaimer statement explaining the unit owner’s right to waive the secrecy of their ballot.
We expect that condominium association boards will have many questions regarding the applicability of this new law and how best to implement its requirements. Condominium associations should be consulting with their legal advisors on this and other aspects of the new laws that became effective on July 1, 2025. Do not wait until a membership voting process is underway or has been completed before confirming with legal counsel that the ballots, proxies, and voting methods being used meet statutory requirements.
