One of the overlooked effects of the recent Radburn Legislation is that it now provides statutory authority for New Jersey community associations to vote electronically. Specifically, the new law authorizes an association to utilize electronic voting: (1) when the board determines to allow voting by such means; and (2) when an association member consents to casting a vote electronically.
While this issue may not have come up previously in many associations, many states’ non-profit corporate statutes or association enabling statutes do not specifically address and/or authorize the option of electronic voting. In addition, most corporate statutes provide that elections and other action can be taken only at an in-person meeting of members or, if no meeting is to be held, by unanimous consent of the members. For example, New Jersey’s Non-Profit Corporations Act, provides only that elections of trustees may be conducted by mail and the Act authorizes decisions to be made in lieu of an in-person meeting only “if all the members entitled to vote thereon consent thereto in writing.” There is no mention of voting by electronic means.