Electronic Voting Notice
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Electronic Voting Notice

From: Desiree Castagna
To: plazaocmd@verizon.net
Sent: Wednesday, May 16, 2007 10:31 AM
Subject: Plaza Condominium -- voting by e-mail

This is an e-mail from James W. Almand.

This is in response to your letter dated May 1, 2007, in which you asked whether unit owners can vote by e-mail on proposed bylaw amendments.

In accordance with Article XV of the Plaza Bylaws, the vote on a bylaw amendment must occur at an association meeting. The unit owner, or his/her proxy, must appear at the meeting and cast the vote of the unit.

The Maryland Condominium Act now provides for voting or submitting a proxy by electronic transmission. Section 11-139.2 of the Act states that "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."

Based upon this section of the Act, the Plaza could set up an e-mail proxy process that would allow a unit owner to designate another unit owner, including an officer of the association, to cast his/her vote on a bylaw amendment.  If the Board would like me to develop such a process, please call.

James W. Almand


Desiree F. Castagna
Ayres, Jenkins, Gordy & Almand, P.A.
6200 Coastal Highway
Suite 200
Ocean City, Maryland 21842
410-723-1400
dcastagna@ajgalaw.com