Virtual Annual Elections: The Wave of the Future

For as long as I have practiced law, management companies and boards developed a strong comfort level and preference for in-person annual elections. Elections occurred inside condominium association lobbies, party rooms, downstairs laundry rooms, even outside on common element yards and gazebos. The notice requirements for annual elections, the documents needed to carry them out (i.e. proxies, ballots, candidate nomination forms, etc.) and the general process for conducting them was second nature. That is until the pandemic descended upon the world in early 2020 and threw in-person elections and gatherings of any kind out the window.
Electronic software platforms such as Zoom and Microsoft Teams ushered in a new era of virtual annual elections much to the dismay of technologically challenged folks. Despite moving past the Coronavirus and strict CDC guidelines, virtual annual elections appear to be here to stay. This article explores the advantages and disadvantages of conducting annual elections in a virtual instead of in-person format to help your Board decide if it makes sense for your community.
Advantages of Conducting a Virtual Annual Election
- Convenience: Conducting a virtual annual election offers convenience for members who can cast their votes from the comfort of their own homes. This eliminates the need for members to travel to a specific location, which can be particularly beneficial for members with mobility issues.
- Increased Participation: Virtual elections can increase participation rates, as members can cast their votes remotely. This can lead to a more representative election, with a broader range of views and opinions being expressed.
- Cost Savings: Conducting a virtual election can also be cost-effective, as it eliminates the need for a physical location, staff and room rental costs (if applicable).
- Time Efficiency: Virtual elections can be completed quickly and efficiently, reducing the time it takes to conduct an election.
- Increased Accessibility: Virtual elections can be made more accessible for members with disabilities or other special needs. For example, electronic voting systems can be designed to accommodate visual impairments or other disabilities.
- Greater Control: Those in charge of conducting the annual election can exercise greater control over the meeting by utilizing mute and other functions to reduce interruptions and other distractions.
Disadvantages of Conducting a Virtual Annual Election
- Technical Difficulties: One of the most significant challenges of conducting a virtual election is the potential for technical difficulties, such as internet connectivity issues, which can impact the accuracy and security of the voting process or member participation. Associations must ensure the voting platform is reliable and secure and that members have access to the necessary technology to participate.
- Security: Virtual elections may also be vulnerable to security threats, such as hacking, which can compromise the integrity of the voting process and impact the election outcome. Associations must take measures to ensure the security of the voting platform and protect member data from unauthorized access.
- Lack of Personal Interaction: Virtual elections lack the personal interaction that can be present in an in-person election. This can make it more difficult for members to engage with the candidates and their platforms, potentially leading to a less informed electorate. Associations can mitigate this by providing opportunities for candidates to connect with members virtually, such as through virtual town hall meetings or online forums.
- Legal Requirements: Conducting a virtual election may make it more difficult to comply with all legal requirements surrounding annual elections that stem from an association’s governing documents and applicable state law. Associations must ensure the virtual voting platform and methods for voting meet all necessary legal standards.
- Limited Transparency: Virtual elections can be less transparent than in-person elections as it may be more difficult to monitor the voting process and ensure that each member is only voting once.
Other Considerations
While virtual elections can offer greater accessibility to members with disabilities or special needs, community associations must ensure the virtual voting platform is accessible to all members. This includes providing alternative formats for members with visual or hearing impairments and ensuring that the voting platform is compatible with assistive technologies.
Community associations must also provide clear and concise instructions to members on how to participate in virtual elections. This includes providing information on how to access the voting platform, how to cast a vote, and how to troubleshoot any technical issues that may arise. The community association should also provide educational materials about the candidates and their platforms to ensure the members are well-informed before casting their votes.
Effective communication is essential for any virtual election to be a success. Community associations should develop a comprehensive communication plan that includes regular updates on the election process, deadlines for voting, and other relevant information. This can be done through email, social media, the community association website or other communication channels.
Community associations must ensure the member data is protected and that the voting process is confidential. This includes ensuring that the voting platform meets all necessary privacy and security standards and that member data is not shared with third parties without consent.
It is important to have backup plans in case of technical difficulties or other unforeseen circumstances. This includes having contingency plans for internet connectivity issues, power outages, or other disruptions that may impact the voting process. Community associations should also be prepared to switch to an in-person election if necessary.
Overall virtual annual elections offer several advantages and disadvantages for community associations in Illinois. It is important for community associations to carefully consider their specific circumstances and needs when deciding whether to conduct their annual election in a virtual format. With proper planning and preparation, virtual annual elections can offer a convenient, efficient, and secure way to elect board members and promote greater member participation.






