(1)As used in this section, “electronic ballot” means a ballot given by:
(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 a homeowners association, in its discretion, may provide that a vote, approval or consent of an 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 ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply).
(4)An electronic ballot may be accompanied by or contained in an electronic notice in accordance with ORS 94.652 (Electronic notice to owner or director).
(5)If an electronic ballot is posted on a website, a notice of the posting shall be sent to each 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 94.647 (Use of written ballot for approving or rejecting matters subject to meeting of association members) if the vote conducted by written ballot under ORS 94.647 (Use of written ballot for approving or rejecting matters subject to meeting of association members) uses the procedures specified in ORS 94.647 (Use of written ballot for approving or rejecting matters subject to meeting of association members) (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 §5]
Section 94.661 — Electronic ballot,