What are HOA voting rules?

HOA voting rules dictate how board elections and other votes are conducted in a homeowners association. They cover eligibility, voting methods, timelines, and how results are validated.

Can I vote in an HOA election by proxy?

Yes, many HOAs allow proxy voting, where a homeowner authorizes someone else to vote on their behalf. Rules for proxy voting vary by state and must follow specific guidelines.

Are electronic or mail-in ballots allowed in HOA elections?

Yes, if permitted by the HOA's governing documents and state laws. These voting methods can improve participation but must still preserve ballot secrecy.

Who is eligible to vote in an HOA election?

Typically, any homeowner listed on the title deed who is in good standing can vote. Some HOAs may restrict voting rights for delinquent dues or rule violations.

Do HOA voting rules differ by state?

Yes. States like California, Florida, Texas, North Carolina, and Illinois have distinct laws about proxies, ballots, quorum, and vote counting in HOA elections.

HOA Voting Rules For Board Elections: What Every Community Should Know

Voting in an HOA can be complicated. Between differing state laws, varying HOA bylaws, and questions about proxy votes or quorum, it can get confusing fast. To address these issues, communities typically have HOA voting rules to facilitate the process.

HOA Voting Rules: The Basics

HOA voting rules determine how elections are run. It usually indicates who is eligible to vote, who can run, the voting process, as well as how votes are counted and finalized. These rules are typically laid out in the association’s governing documents. However, state laws also impact the process, particularly in terms of handling ballots, sending out notices, and election timelines.

In general, voting happens when:

A new board is elected.
A special assessment or rule change needs approval.
An amendment to the governing documents is proposed.

Homeowners usually have one vote per unit, though this can vary in associations with weighted voting structures.

HOA Proxy Voting Rules: Can You Vote Without Being There?

Not everyone can attend the annual meeting in person. That’s where the proxy voting rules come in. A proxy is when one homeowner authorizes someone else, such as another member or even the board, to vote on their behalf.

There are usually two types of proxies:

Directed proxy – The homeowner specifies how the proxy holder must vote.
General proxy – The proxy holder can vote however they choose.

Some states have strict rules around proxy use. For example, in California, HOAs are required to allow for secret ballots instead of proxies for board elections. Meanwhile, Florida still permits proxy voting but places restrictions on how and when proxies can be used.

Regardless of the format, proxy forms must typically be signed, dated, and submitted prior to the meeting beginning.

What About Electronic and Mail-in Ballots?

Many associations now allow homeowners to cast their votes electronically or by mail. These options increase participation, especially in larger or more spread-out communities.

Some things to keep in mind:

The governing documents must permit alternative voting methods.
State laws may require associations to provide notice before electronic or mailed voting begins.
Ballot secrecy must still be maintained, especially in board elections.

Always check your state’s current statutes, as requirements can shift from year to year.

State-by-State Look at HOA Board Voting Rules

HOA board voting rules vary from one community to another. Let’s break down how some key states handle board elections and voting requirements:

California

California’s Davis-Stirling Act sets strict voting procedures. Board elections must use secret ballots with a double-envelope system, and proxies aren’t allowed. HOAs must give 30 days’ notice before mailing ballots and appoint an independent inspector to oversee the vote.

Florida

Florida law permits proxy voting in most HOA elections; however, proxies are only valid for 90 days and must be specific. Secret ballots are used only when more candidates run than open seats. State law also requires a quorum, with notices sent at least 14 days in advance.

Texas

In Texas, voting by absentee ballot or proxy is permitted unless restricted by the HOA’s rules. Homeowners must get at least 10 days’ notice before an election. Online voting is allowed with written procedures, and members can request a recount in close races.

North Carolina

North Carolina law allows voting in person, by proxy, or by written ballot. Proxies must be submitted in writing before the meeting. If the voting fails to reach a quorum, the HOA can hold a second meeting with reduced quorum requirements, depending on the bylaws.

Illinois

Illinois law ties voting power to unit ownership percentages. Proxies are allowed unless the governing documents say otherwise. Some HOAs use cumulative voting and allow mail-in ballots when outlined in the association’s rules.

Who Can Vote in HOA Elections?

Generally, any homeowner listed on the title deed has the right to vote, assuming they’re in good standing. However, associations can restrict voting rights for members who are:

Behind on dues.
In violation of community rules.
Under a suspended membership for disciplinary reasons.

Make sure the association’s rules align with state laws—some states limit the board’s power to restrict voting rights.

Tips for Board Members and Homeowners

Whether you’re organizing an election or preparing to cast your ballot, there are a few best practices that can help make the process smoother and more transparent for everyone involved.

For Board Members

Board members have a responsibility to run fair and well-communicated elections. Here’s how they can uphold that duty:

Start early: Don’t wait until the last minute to announce elections. Send notices to homeowners well in advance. Most states require at least 10 to 30 days’ notice before the distribution of ballots.
Clarify the nomination process: Provide clear instructions for how homeowners can nominate themselves or others. Include deadlines, eligibility requirements, and any documents that must be submitted.
Ensure fair vote collection and counting: In some states, like California, HOAs must appoint an independent inspector of elections. Even when not required, using a third-party service can add credibility and prevent disputes.
Maintain proper records: Keep a log of ballots sent, proxies received, and votes counted. These records may be needed for legal compliance or to resolve disputes.
Educate the community: Make sure members understand the voting process, from quorum requirements to vote counting procedures. A short FAQ on the website or included in a newsletter can go a long way.

For Homeowners

Homeowners play an essential role in shaping their HOA’s leadership and policies. Make sure your votes count by following these tips:

Read all materials carefully: Look over the election notice, candidate bios, and instructions before casting your vote. If something is unclear, reach out to the board or management for clarification.
Know your voting options: Depending on your HOA’s rules, you may be able to vote by mail, electronically, in person, or by proxy. Don’t assume that what worked last year still applies—rules can change.
Verify your eligibility: Make sure your dues are current and that you’re in good standing with the HOA. Some associations may restrict voting privileges for accounts that are delinquent or have committed rule violations.
Submit your vote on time: Late ballots or improperly completed proxies can be rejected. If you’re mailing in your ballot or giving it to someone else to submit, give yourself extra time.
Attend the meeting if you can. Even if you vote by mail or online, showing up for the annual meeting allows you to ask questions, hear updates, and stay connected with your community.

When both sides—board members and homeowners—understand their roles in the election process, it fosters a healthier and more engaged HOA environment.

Cast Votes With Confidence

HOA elections can be more complex than they appear, especially with variations in state law and community bylaws. But once you know the basic HOA voting rules, along with your rights, you can vote with confidence.

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