Electronic Voting for In-Person Condo Owners Meetings – Lash Condo Law

At a recent in-person owners meeting that I attended, traditional voting methods were used: paper ballots were prepared for the attendees, paper proxies were submitted, and registration delays pushed the start time back by over 20 minutes. Despite all the effort, quorum was not achieved. This experience underscores a key issue in condominium governance- electronic voting should not be limited to virtual meetings.  It should be implemented for all owners meetings, including those held in person.

How Electronic Voting Works for In-Person Meetings

While many condominium corporations have adopted electronic voting for virtual meetings, some remain hesitant to extend its use to in-person meetings.  However, electronic voting improves efficiency, accuracy and participation regardless of the meeting format.

Key Advantages include:

1. Pre-Meeting Voting – Owners receive a secure link to vote electronically before the meeting. Those who vote in advance are automatically counted toward quorum, eliminating the need for proxies and ensuring that each owner’s vote is cast directly.
2. Live Voting During the Meeting – Owners attending in person can vote electronically during the meeting or, if they prefer, submit a traditional paper ballot. This flexibility ensures that all owners can participate, whether present or not.
3. Real-Time Tabulation – Electronic votes are recorded instantly, reducing errors, expediting results, and eliminating the need for manual ballot counting. In larger condominium corporations, manual counting can be time consuming and error-prone, particularly when owner-volunteers are responsible for reviewing and interpreting proxy forms. Additionally, scrutineers tasked with counting votes may miss important meeting discussions while completing their work.

The Diminishing Role of Proxies

Historically, condominium owners unable to attend meetings assigned their voting rights to a proxy. However, proxies present several challenges, including:

• Complexity: Prescribed proxy forms can be difficult to understand and complete correctly.
• Uncertainty: Owners may not have confidence that their vote will be cast as intended
• Administrative Burden: Collecting, verifying, and managing proxies is time-consuming and can raise concerns about proxy manipulation.

Electronic voting allows owners to cast their votes directly, reducing reliance on proxies and minimizing the risks associated with them.

Legal Considerations and the Benefits of Electronic Voting

The Condominium Act, 1998 expressly permits electronic voting, and owners who vote electronically before the meeting are deemed present for quorum purposes.  By implementing electronic voting for all meetings- whether virtual or in-person – corporations can:

1. Improve quorum and reduce the risk of adjourned meetings
2. Ensure accurate and transparent voting results
3. Minimize administrative burdens and eliminate manual counting errors
4. Enhance owner participation, even for those unable to attend in person

Electronic voting is not merely a convenience—it is a best practice for effective condominium governance. Condominium boards and managers should consider implementing electronic voting to streamline operations and ensure greater engagement from owners.

If your corporation has not yet adopted electronic voting, now is the time to evaluate its implementation to enhance compliance, efficiency, and owner participation.