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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

Maryland nonprofit statute defines quorum as “present in person…” but appears silent on remote and virtual meetings in general. Nonstock corporations in Maryland are governed by the Nonstock Corporation Act regarding corporate structure and procedure. Most associations in Maryland are nonstock corporations (incorporated under Maryland law). Remote meetings contingent on an association’s articles of incorporation, charter, or bylaws. Contact your association’s attorney to see what your community’s options are for virtual meetings based upon your governing documents.

Applicable Statute: Nonstock Corporation Act

2018 Maryland Code Corporations and Associations Title 5 - Special Types of Corporations   Subtitle 2 - Nonstock Corporations § 5-206. Insufficient number of members present at meeting

(a) Calling of additional meeting. -- If the number of members present at a properly called meeting of the members of a nonstock corporation is insufficient to approve a proposed action, another meeting of the members may be called for the same purpose if:

    • (1) The notice of the meeting stated that the procedure authorized by this section might be invoked; and

    • (2) By majority vote, the members present in person or by proxy call for the additional meeting.

(b) Notice of additional meeting. -- Fifteen days notice of the time, place, and purpose of the additional meeting shall be given by advertisement in a newspaper published in the county where the principal office of the corporation is located. The notice shall contain the quorum and voting provisions of subsection (c) of this section.

(c) Quorum and voting requirements at additional meeting. -- At the additional meeting, the members present in person or by proxy constitute a quorum. A majority of the members present in person or by proxy may approve or authorize the proposed action at the additional meeting and may take any other action which could have been taken at the original meeting if a sufficient number of members had been present.

                Universal Citation: MD Corp & Assn Code § 5-206 (2018)