(1) As used in this section, “electronic ballot” means a ballot given by:
(a) Electronic mail;
(b) Facsimile transmission;
(c) Posting on a website; or
(d) Other means of electronic communication acceptable to the board of directors.
(2) Unless the declaration or bylaws prohibit or provide for other methods of electronic ballots, the board of directors of an association of unit owners, in the board’s discretion, may provide that a vote, approval or consent of a unit owner may be given by electronic ballot.
(3) An electronic ballot shall comply with the requirements of this section and the declaration or bylaws or this chapter.
(4) An electronic ballot may be accompanied by or contained in an electronic notice in accordance with ORS 100.423.
(5) If an electronic ballot is posted on a website, a notice of the posting shall be sent to each unit owner and shall contain instructions on obtaining access to the posting on the website.
(6) A vote made by electronic ballot is effective when it is electronically transmitted to an address, location or system designated by the board of directors for that purpose.
(7) Unless otherwise provided in the declaration or bylaws or rules adopted by the board of directors, a vote by electronic ballot may not be revoked.
(8) The board of directors may not elect to use electronic ballots unless there are procedures to ensure:
(a) Compliance with ORS 100.425 if the vote conducted by written ballot under ORS 100.425 uses the procedures specified in ORS 100.425 (2)(b); and
(b) That the electronic ballot is secret, if the declaration or bylaws or rules adopted by the board require that electronic ballots be secret. [2007 c.409 §21]
Note: 100.428 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
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