Many Minnesota common interest ownership properties, such as condominium or townhome boards, have problems getting the required number of unit owners present at a meeting to vote. Bylaws or declarations generally require a quorum, which is usually set as a majority of all owners in an association, to be present before a matter can be presented for a vote. With today’s busy schedules, it is often difficult to schedule meetings in compliance with association documents requiring unit owners to attend in person or by proxy. However, Minnesota law was recently amended to allow for electronic voting to gain greater participation by unit owners. This provision makes it much easier for a quorum to be met and for meetings to be held. 

Specifically, Minnesota Statute 515B.3-110(c) allows for votes on any issues to be taken by electronic means or mailed ballots in lieu of holding a meeting of unit owners. Such a vote combining electronic and mailed ballots shall have the force and effect of a vote taken at a meeting, provided the total votes cast are at least equal to the votes required for a quorum. When using electronic voting, the association board shall set a voting period within which the ballots or other voting response must be received by the association and which period shall be not less than 15 nor more than 45 days after delivery of the notice of the vote and voting procedures to the unit owners. The association’s board of directors shall provide notice of the results of the electronic vote to the unit owners within 30 days after the expiration of the voting period. Electronic voting cannot be combined with a vote taken at a meeting of the unit owners. However, voting by electronic means and mailed ballot may be combined. 

The goal of many association boards is to get greater participation by unit owners. Electronic voting is a way to make voting more available and convenient to the owners thereby getting greater participation by owners and giving the association’s board more guidance on the wishes of the owners.

It is important to first determine the statute under which the association was created and to review the association’s bylaws, declarations or other governing documents to determine if electronic voting is prohibited. Generally, there will not be a prohibition and accordingly electronic voting may be allowed by obtaining the appropriate vote to amend bylaws or other governing documents. 

For more information, please contact Chad McKenney at 763-201-1450.

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