Maryland's Electronic Voting and Virtual Meeting Statutes

Electronic Voting Statute

Maryland Real Property Section 11-139.2.

  1.  Notwithstanding language contained in the governing documents of the council of unit owners, the board of directors of the council of unit owners may authorize unit owners to submit a vote or proxy by electronic transmission if the electronic transmission contains information that verifies that the vote or proxy is authorized by the unit owner or the unit owner's proxy.

  2. If the governing documents of the council of unit owners require voting by secret ballot and the anonymity of voting by electronic transmission cannot be guaranteed, voting by electronic transmission shall be permitted if unit owners have the option of casting anonymous printed ballots.

Virtual Meeting Statute

Section 5-6B-25.1 - Meetings held by electronic means


(a)

(1) Notwithstanding language contained in the governing documents of the cooperative housing corporation, the board of directors may authorize any meetings of the cooperative housing corporation, the board of directors, or a committee of the cooperative housing corporation to be conducted or attended by telephone conference, video conference, or similar electronic means.
(2) If a meeting is conducted by telephone conference, video conference, or similar electronic means, the equipment or system used must permit any member, board member, or committee member in attendance to hear and be heard by all other members participating in the meeting.
(3) A link or instructions on how to access the meeting by telephone conference, video conference, or similar electronic means shall be included in the notice of the meeting.
(4) No specific authorization from members shall be required to hold a meeting electronically.
(b) Any member, board member, or committee member attending a meeting by telephone conference, video conference, or similar electronic means shall be deemed present for quorum and voting purposes.
(c)
(1)
(i) Any matter requiring a vote of the cooperative housing corporation may be set by the board of directors for a vote at the meeting, and a ballot may be delivered to members with notice of the meeting.
(ii) Only those members present during the telephone conference, video conference, or similar electronic meeting shall be authorized to vote a ballot in accordance with this subsection.
(iii) Members who are not present at the meeting may:


1. Vote by proxy in accordance with the requirements of the governing documents and this title; and
2. Be considered present for quorum purposes through their proxy.
(2)
(i) The board of directors may set a reasonable deadline for return of a ballot to the cooperative housing corporation, including return by electronic transmission.
(ii) The deadline for return of the ballot shall be not later than 24 hours after the conclusion of the meeting.
(d) Notwithstanding language contained in the governing documents of the cooperative housing corporation, nominations from the floor at the meeting are not required if at least one candidate has been nominated to fill each open board position.
(e) The inability of a member to join a meeting due to technical difficulties with the member's telephone, computer , or other electronic device does not invalidate the meeting or any action taken at the meeting.

Md. Code, CA ยง 5-6B-25.1
Added by 2021 Md. Laws, Ch. 524,Sec. 1, eff. 6/1/2021.
Added by 2021 Md. Laws, Ch. 523,Sec. 1, eff. 6/1/2021.