Question:
In the state of Alabama is it legal for an HOA Board member to purchase a computer program for example (TXT 2VOTE ) and make their members use electronic voting as the only means to elect a Board of Directors or pass Amendments to the By Law, Covenants, or Architectural Guide Lines ? The HOA governing documents state that elections should be held with voting in person at a designated meeting or by proxy sent in to be read at designated meeting. Can the Board of Directors change voting procedures without the consent of the majority of members voted on by amending the voting procedure ? Is electronic voting for HOAs even allowed in the state of Alabama ?
– Patricia
Answer:
Hi Patricia,
Alabama generally allows associations to conduct virtual meetings. However, it will still depend on your HOA’s governing documents. Keep in mind that if your governing documents are silent, remote or virtual meetings are considered allowed. You should also refer to your governing documents to understand whether electronic voting is permitted. Amendments should also be covered in your CC&Rs and bylaws, including whether or not certain amendments require the approval of members.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
