Q: Can Florida HOA use Docusign for revitalization consent forms?
I am part of a Florida HOA that is currently undergoing the revitalization of our expired covenants. Given our previous experience with electronic signatures, the board prefers to use Docusign to obtain homeowner consent for revitalization. Can we legally use Docusign for 1,912 homeowners to sign the consent forms, or do they need to sign and return the original consent forms by mail?
A:
Revitalization is a very technical process and the HOA should have lawyer who is well versed in the Marketable Record Title Act to review and guide you through the process. It's not really a do-it-yourself project and I have seen associations make major mistakes that even though it did not defeat revitalization, the mistakes were major and affected the enforceability of the documents.
To answer your question, yes, Docusign could be used.
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