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Connecticut's Electronic Voting Statute and Virtual Meeting Executive Order

Electronic Voting Statute

CHAPTER 828* COMMON INTEREST OWNERSHIP ACT - Sec. 47-252. Voting. Proxies. Ballots. (a) Unless prohibited or limited by the declaration or bylaws, unit owners may vote at a meeting in person, by a proxy pursuant to subsection (c) of this section or, when a vote is conducted without a meeting, by electronic or paper ballot pursuant to subsection (d) of this section.

Virtual Meeting Executive Order

Under Connecticut state law, a common interest community association’s declaration or bylaws may allow or prohibit remote meetings and elections or votes by ballot without a meeting (CGS §§ 47-250 & -252). In response to the COVID-19 pandemic, the governor recently issued an executive order that authorizes associations to conduct meetings or votes in this way despite any contrary provision in the association’s declaration or bylaws. Contact your association’s attorney to see what your community’s options are for virtual meetings based upon your governing documents.

Applicable Regulation: Governor’s Executive Order

Executive Order No. 7HH: Protection of Public Health and Safety During COVID-19 Pandemic and Response – Municipal Budget Adoption, Common-Interest Community Meetings

Summary: Under state law, a common interest community association’s declaration or bylaws may allow or prohibit remote meetings and elections or votes by ballot without a meeting (CGS §§ 47-250 & -252). In response to the COVID-19 pandemic, the governor recently issued an executive order that authorizes associations to conduct meetings or votes in this way despite any contrary provision in the association’s declaration or bylaws.

Specifically, the order authorizes common interest community associations, and their boards and committees, to conduct meetings, elections, or votes by telephone, video, or another conferencing process or by ballot without a meeting (EO 7HH, § 2, May 1, 2020). Under the order, these meetings or votes must be conducted in accordance with specified procedures in state law, explained below.

The order remains in effect until the end of the declared public health and civil preparedness emergency unless the order is modified, extended, or terminated before then.