HOA Proxy Voting Rules In The U.S. (Per State)

While mainly governed by your association’s bylaws and governing documents, most states have legislation that provides HOA proxy voting rules. Most indicate the requirements for a valid proxy vote and its limitations.

 

What is Proxy Voting?

Proxy voting occurs when a homeowner’s association member authorizes another person to cast votes on behalf of the members. This may be done when the member is unable to attend the meeting or chooses not to vote on a particular issue.

In most states and for most HOAs, members who intend to vote by proxy must file a proxy appointment form that must be signed personally or through a legal representative.

Generally, proxy voting is governed by the HOA’s bylaws, but most states have set standards that homeowners and associations may follow.

 

HOA Proxy Voting Rules by State

Here are the different state laws stipulating the United States’ HOA proxy voting regulations:

 

Alabama

Section 10A-3-2.05(b) of the Alabama Nonprofit Corporation Law states that a member of the HOA may vote by proxy. However, this should be executed in writing by the HOA member or his/her authorized attorney-in-fact.

The proxy is only valid for 11 months from the date of its execution. However, the member can indicate another period in the appointment.

 

Alaska

In Alaska, HOA members can vote by proxy unless the association’s bylaws say otherwise. The said proxy must be duly executed. The regulation also mentioned that if more than one person owns a unit, each person may vote or register to protest voting by other owners via a duly executed proxy.

Appointed and executed proxies can be revoked only when the member submits a notice of revocation to the presiding HOA officer. Additionally, if the proxy does not indicate a date or if it says it is irrevocable without notice, it is considered void.

The typical validity of proxies in Alaska is one year unless the member indicates a shorter term.

 

Arizona

According to the Arizona Statutes, HOA proxy voting is only allowed during the “period of declarant control” or when the developer or declarant is still managing the HOA. After this, votes must be cast in person, via absentee ballots, or delivered via email or fax.

 

Arkansas

The Arkansas Nonprofit Corporation Act of 1993 stipulates HOA proxy voting rules in the state. Unless banned by an HOA’s governing documents, a member of the association can appoint a proxy on their behalf. The member must sign the proxy appointment form.

A copy, facsimile, or electronic version of the appointment form can be submitted to the secretary of the HOA.

The proxy appointment is effective as soon as the HOA officers receive it. Unless stated otherwise, it is valid for 11 months, but an appointment is only valid for three years. Members can also revoke the appointment by attending meetings personally, voting in person, or writing a notice of revocation.

 

California

Members of HOAs in California can use proxies executed in writing to vote. However, the written proxy cannot replace secret ballot votes like those in elections. Instead, according to the state’s Civil Code 5130, the proxy may contain the member’s instruction regarding the secret ballot on a separate page. The proxy holder may then cast the member’s vote via secret ballot.

 

Colorado

Colorado’s Common Interest Ownership Act (CCIOA) allows HOA members to use proxies to vote on association matters as long as the HOA allows it.

According to the legislation, proxies must be executed in writing and are only valid if signed by the member or a legal representative.

If the property has multiple owners, each can vote or object to another owner’s vote through a proxy. Proxies can only be revoked by notifying the HOA official presiding over the meeting.

Proxies are only considered valid if dated or claimed to be revocable with notice. Unless stated otherwise, they expire in 11 months otherwise.

 

Connecticut

According to Connecticut’s General Statutes, unless stated in a HOA’s bylaws and governing documents, members of the HOA can vote via a directed or undirected proxy. The HOA can provide members with proxy appointment forms where they can indicate their proxy holder. The HOA may indicate a default proxy holder if the member does not name one.

Duly executed proxies can be revoked by members only by notifying the HOA meeting’s presiding officer. Proxies are also considered void if they are undated or if they indicate that they are revocable without notice. By default, proxies are valid for one year unless stated otherwise.

 

Delaware

HOA proxy voting is allowed in the state based on the Delaware Uniform Common Interest Ownership Act.

This law allows members to vote via proxy if the association’s bylaws and governing documents permit it.

A proxy must be duly executed for it to be valid in Delaware. It is only valid for one year unless the member indicates a shorter duration. Undated proxies and those that claim to be revocable without notice are considered void.

 

Florida

The Florida Statutes allow HOA members to vote through a duly designated proxy unless bylaws and governing documents say otherwise.

A valid proxy in Florida must fulfill the following requirements:

• It must be dated
• It must indicate the date, time, and place of the meeting where the proxy will be executed.

Proxies are only effective for the specific meeting they are intended for. Their validity expires 90 days after the date of that meeting.

Members can also revoke their proxies at any time. Additionally, if indicated in the proxy form, proxy holders may also appoint, in writing, their substitute who can act in their place.

 

Georgia

Proxy voting for HOAs is allowed in Georgia unless it is limited or prohibited by the association’s bylaws.

For a proxy to be valid and recognized in Georgia, it must be executed in writing and signed by the member or attorney-in-fact. It is effective once the secretary or an HOA official authorized to tabulate votes receives it.

Generally, proxies in Georgia are valid for 11 months by default unless the executor provides a different period. In addition to an in-person submission, proxies can also be executed electronically.

The member can also revoke its validity by attending meetings, voting in person, or submitting a formal notice. Death or incapacity doesn’t affect the association’s right to accept the proxy’s authority unless the HOA receives a notification.

 

Hawaii

Homeowners associations in Hawaii usually follow their bylaws and governing documents regarding proxy voting. The state doesn’t have specific HOA proxy voting rules for communities with single-family homes, but it does have a related law that discusses proxy voting for condominium associations.

 

Idaho

Idaho has similar regulations to those of many other states regarding proxy voting in the HOA community. The state allows it unless the association’s bylaws say otherwise.

For a proxy to be valid in Idaho, it must be properly executed through a written appointment form signed by the member or the attorney-in-fact. It’s only valid for 11 months unless the member chooses a different duration.

Members of Idaho HOAs can revoke their proxy appointments by attending the meeting or voting in person. They may also submit a revocation notice to the HOA’s secretary or other authorized officials.

 

Illinois

According to Illinois law, members can vote by proxy, except during board elections if permitted by HOA bylaws. Similar to other states, the proxy needs to be duly executed through a written appointment form that the member or a legal representative signs. It should also indicate the date of execution.

Unless the association indicates a different stipulation, proxies in Illinois are valid for 11 months unless the HOA member identifies a shorter term.

 

Indiana

Under the Indiana Code, proxy voting on HOA matters is allowed for members as long as the association allows it.

For proxies to be valid, they need to indicate the member’s and proxy holders’ names, the date of execution, the meeting date, and the member’s signature.

Additionally, members can limit the proxy to only apply to specific matters. They can use it for certain meetings if the proxy document includes an expiration date within 180 days.

Members can submit proxies by hand, mail, fax, or electronically.

 

Iowa

The Iowa Code states that HOA members can vote by proxy unless the bylaws and governing documents prohibit it.

Valid proxies need to be signed by the member or a legal representative. It also needs to indicate the date and the meeting details where the proxy will be used.

Proxies in Iowa are only valid for a specified meeting and any lawful adjournments. It also expires 90 days after the date of execution.

Members can revoke proxies anytime, while proxy holders can appoint substitutes if the proxy form permits it.

 

Kansas

The Kansas Uniform Common Interest Owners Bill of Rights Act governs HOA proxy voting rules in Kansas. It lets members vote via proxy as long as the HOA allows it.

In the state, votes can be cast through a duly executed proxy. If multiple people own a property, all the owners can vote or protest others’ votes through a duly executed proxy.

Proxies are only valid for the scheduled meeting or during any recessed session of the indicated meeting. They are voided if the date is missing or if it indicates that it is revocable without notice.

Members can revoke proxies, but only by submitting a notification of revocation to the person who presides over the HOA meeting.

 

Kentucky

Kentucky does not have specific HOA state laws that govern proxy voting for communities comprised of single-family homes. Instead, it relies mainly on the association’s governing documents and bylaws. It does have stipulations for condominium association proxy voting, however.

 

Louisiana

Louisiana does not have specific state laws that dictate HOA proxy voting rules. Instead, it relies mainly on the association’s governing documents and bylaws.

 

Maine

In Maine, no specific legislation discusses proxy voting for HOA communities composed of single-family homes. However, some laws are outlined for condominium associations.

Instead, the association’s governing documents and bylaws indicate that the HOA votes by proxy rules in the state.

 

Maryland

Maryland allows homeowners to vote by proxy electronically, apart from physically submitting the proxy document, as long as the HOA’s governing documents permit it. The proxy must include information verifying the vote or indicating that the member authorized the proxy.

 

Massachusetts

Massachusetts does not have specific HOA state laws that govern proxy voting. Instead, it relies mainly on the association’s governing documents and bylaws.

 

Michigan

Unless stated differently in the HOA’s governing documents, HOA members in Michigan can vote via proxy.

The member must duly execute the proxy through a written document that he/she has signed personally or through a legal representative. The document remains valid even if sent electronically to the HOA officer overseeing meeting matters.

A proxy is valid for up to three years unless the member indicates a different period. Given specific provisions, members who issued the proxy can cancel it anytime. The proxy’s authority is not revoked by death or incompetence unless the HOA is notified.

 

Minnesota

In Minnesota, HOA members are allowed to vote via proxy. Additionally, if more than one person owns a property included in an HOA community, only one can vote, even by proxy.

If the HOA’s governing documents allow it, a member can authorize a proxy to vote on their behalf. The association indicates HOA proxy voting rules, as long as they follow the law.

 

Mississippi

Under Mississippi law, members of an HOA can appoint another person to vote for them as a proxy if the HOA bylaws allow it. This appointment must be in writing and executed.

The appointment starts when the HOA secretary or other officers receive it. By default, a proxy lasts for 11 months unless stated otherwise. However, its validity cannot be extended beyond three years.

Members who authorized the proxy can cancel it at any time. The proxy may be revoked if the member attends the meeting or votes in person. The member may also notify the board and the HOA about the proxy’s revocation. The proxy’s authority remains valid despite death or incapacitation unless the HOA receives a notification.

 

Missouri

Missouri law permits members to vote via proxy unless the bylaws of an HOA state that it is disallowed.

A member may appoint another person to vote or act for them by signing and filling out an appointment form personally or via legal representation. This proxy becomes effective when the HOA secretary or other officers receive it. Unless stated otherwise in the appointment form, it is valid for 11 months and should be at most three years.

The member appointed the proxy may cancel or revoke it at any time by attending in-person meetings, voting, or notifying the HOA. If the HOA member dies or becomes incapacitated, it doesn’t affect the proxy’s authority unless the HOA receives a notification of the incident.

 

Montana

Under the Montana Nonprofit Corporation Act, members can vote via proxy if the HOA’s governing documents permit it.

Members may appoint another person as a proxy to vote by filing an appointment form that the member or an attorney-in-fact has signed.

The appointment’s validity starts when it is received by the HOA secretary or other HOA officials who are authorized to tabulate votes. The proxy can only be executed within 11 months unless the form indicates another duration. Proxy validity cannot exceed three years, however.

Unless the articles or bylaws prevent or limit proxy voting, a member may appoint a proxy to vote or otherwise act for the member by signing an appointment form, personally or by an attorney-in-fact.

The issuing member can revoke proxy appointments by attending meetings, voting in person, or notifying the HOA.

 

Nebraska

The Nebraska Nonprofit Corporation Act, specifically Nebraska Revised Statute 21-1963, states that a homeowner association member may appoint another person to vote as a proxy. The member may do this by signing an appointment form or through a legal representative.

The proxy’s appointment is effective when the secretary of the HOA or the officer authorized to tabulate votes receives it. Unless a different duration has been specified in the appointment form, it is only valid for 11 months. Proxies can only be valid for up to three years from their execution date.

The member can revoke the proxy, which can be done if the member attends a meeting or votes in person. The member may also send a signed notice of revocation to the secretary or authorized official before the meeting.

The HOA’s right to accept the proxy’s authority is not affected by the member’s death or incapacity unless the secretary or other officials receive notice of the incident before the meeting or voting.

 

Nevada

Based on the Nevada Revised Statutes (NRS) 116.311, homeowners may vote via a proxy, but it needs to meet several conditions.

First, a homeowner can only choose immediate family members, tenants living in the community, other unit owners, or authorized representatives as the proxy holder.

For properties with more than one owner, each owner has the right to vote via a proxy.

Proxies in Nevada need to follow the following stipulations to be valid and executory:

• The proxy needs to be dated and linked to a specific meeting.
• The proxy must include a meeting agenda list, or it can be used only to establish a quorum.
• The proxy holder must disclose how many proxies they hold during the start of the meeting.

Proxy voting, however, is not allowed for board member elections or removals unless they involve a master association for a timeshare.

 

New Hampshire

New Hampshire does not have specific state HOA proxy voting rules. Instead, it relies mainly on the association’s governing documents and bylaws.

 

New Jersey

According to New Jersey’s Radburn Law, proxies used for HOA matters need a prominent notice indicating that its use is voluntary on the part of the granting member. It also needs to say that it is revocable at any time before the proxy holder casts a vote and that absentee ballots are offered. On top of this, the HOA may also not use proxies during elections for executive board members without providing absentee ballots.

 

New Mexico

In New Mexico, voting by proxy is allowed during homeowner meetings at the HOA.

For a proxy to be valid, it needs to be signed and dated by the homeowner. In cases where a home or lot has several owners, each owner has the right to vote or object by proxy as long as the total vote doesn’t exceed the property’s allocated share.

The members who executed the proxy can revoke it as long as he or she provides notice. Additionally, proxies are only valid for the meeting specified in the proxy. Proxy votes also count towards quorum requirements.

The buying of votes by proxy is not allowed.

 

New York

The regulations for HOA proxy voting in New York are included in the state’s Not-for-Profit Corporation Law Section 609.

Based on this law, members of the HOA may allow another person to vote for them by proxy during a meeting. A duly executed proxy is valid for 11 months unless stated otherwise.

The association’s right to recognize the proxy’s authority doesn’t change in cases of the member’s death or incompetence unless proper notice is given to the appropriate officer before the proxy is used.

Members cannot sell their vote, even via proxy, for money.

The issuing member can revoke proxies at any time, although some proxies can be deemed irrevocable under certain conditions. Usually, such cases involve a creditor, purchaser, or someone with a contract who is a proxy holder. Even in cases like that, the proxy can be revoked in certain circumstances.

 

North Carolina

The North Carolina Planned Community Act governs state regulations on proxy voting for HOAs. Unless indicated in an association’s bylaws, HOA proxy voting is allowed.

According to the legislation, if multiple people own a lot, each owner may duly execute a proxy to vote or protest the casting of votes by other members.

Additionally, the member can only revoke a duly executed proxy by sending an actual notice of the revocation to the presiding officer of the meeting.

Proxies in North Carolina are considered void if undated and only valid for 11 months unless the member specifies another shorter term.

 

North Dakota

In North Dakota, HOA procedures, including proxy voting, are governed by the state’s Nonprofit Corporations Act.

The state allows members to vote by proxy unless the HOA’s bylaws and governing documents state otherwise. The homeowner may execute the proxy via a written authorization document indicating that another person can act on their behalf. The homeowner should sign the authorization personally or through an attorney-in-fact.

The proxy appointment is valid for 11 months unless the homeowner specifies a different period of less than three years in the form. It becomes effective once the HOA secretary or anyone authorized to tabulate votes receives the proxy appointment.

Homeowners can revoke the proxy authorization by going to any meeting, voting in person, or sending a written notice to the secretary or other authorized HOA official. The HOA’s capacity to accept a proxy’s authority is not affected by the homeowner’s death or incapacitation unless HOA officials are notified.

 

Ohio

HOAs in Ohio follow the associations’ bylaws and governing documents regarding proxy voting.

Ohio does not have specific legislation regarding HOA proxy voting in single-family home communities. However, the state has outlined similar laws for condominium associations.

 

Oklahoma

Oklahoma law allows members of a HOA to vote by proxy at any meeting. The proxy is only valid if it has been filed at the HOA at least five days before the meeting takes place.

Unless they have a specified validity period, proxies in Oklahoma are enforced year to year. This continues until they are revoked in writing and submitted to the HOA secretary or until another proxy supersedes them.

 

Oregon

Oregon’s ORS 94.660 allows homeowners to vote via proxy unless the HOA’s governing documents state otherwise.

For proxies to be valid in Oregon, they must indicate the date and be signed by the owner. By default, they are only valid a year after they are signed unless members identify a shorter term for it.

State legislation also says that the HOA board is not allowed to mandate using a specific proxy form. Proxies are also valid whether they are sent via fax, email, or other electronic methods the board approves.

 

Pennsylvania

Based on Pennsylvania legislation, members of the HOA can authorize another person to vote or act for them via proxy in a meeting or through writing. The law also says that if multiple proxies are present, the group’s majority vote counts. However, if they disagree, the vote will be split.

When filing a proxy in Pennsylvania, it must be properly signed or authenticated by the member or the attorney-at-hand. These can be submitted electronically as well.

Members can revoke a proxy at any time unless coupled with an interest, which refers to cases in which proxies involve agreements between specific stakeholders. Additionally, a proxy can be valid for up to three years unless the member chooses another time period.

 

Rhode Island

Rhode Island does not have specific state laws mentioning HOA proxy voting rules for communities made up of single-family homes. Instead, it relies mainly on the association’s governing documents and bylaws. It does have related legislation on proxy voting for condominium associations.

 

South Carolina

South Carolina legislation allows proxy voting for HOA unless indicated by the community’s governing documents or bylaws.

Based on state legislation, members of a HOA may appoint a proxy to vote or act on behalf of the member by signing a proxy appointment form. This can be done by the member personally or through an attorney-in-fact.

The proxy is deemed effective when the secretary or the officer responsible for tabulating votes receives it. Unless stated otherwise, it is valid for 11 months but can not be valid longer than three years from the date of execution.

The member may revoke the proxy appointment by attending a meeting, voting in person, or submitting and delivering a signed, written statement saying the proxy or appointment form is revoked.

 

South Dakota

In South Dakota, HOA members are allowed to vote by proxy. The proxy must be executed in writing by the HOA member or the authorized attorney.

In terms of validity, the default duration for proxies is 11 months from its execution unless the member provides a different duration.

 

Tennessee

Currently, the legislation specifically for Tennessee homeowners associations is still being considered. For now, if the association of a planned community is regarded as a non-profit corporation, it will follow the Tennessee Nonprofit Corporation Act for its HOA proxy voting rules.

The legislation allows members to vote by proxy unless prohibited by the HOA’s bylaws and governing documents. The member may execute the proxy via a written authorization document, indicating that another person can act for the member as a proxy. This may be done by the member or an attorney-in-fact signing a written document indicating this.

Additionally, a member may authorize another by sending a telegram, cablegram, or electronic message to the proxy or proxy holder. A copy of the written authorization or an electronic version is deemed valid if it fully replicates the original.

The proxy appointment is valid for 11 months unless the member indicates a different period in the form. The member can also revoke the appointment unless the original appointment indicates that it is irrevocable and “coupled with an interest.”

These instances include the appointment of:

• “ A pledgee;
• A person who purchased or agreed to purchase the membership;
• A creditor of the corporation who extended it credit under terms requiring the appointment;
• An employee of the corporation whose employment contract requires the appointment or
• A party to a voting agreement created under § 48-57-301.”

 

Texas

According to the Texas Property Code, HOA proxy voting is allowed for its members unless bylaws and governing documents say otherwise. This applies to both in-person voting and electronic or absentee voting.

However, association officials or directors are disallowed from becoming a member’s proxy to prevent conflicts of interest and ensure fairness during the voting.

 

Utah

Utah also allows proxy voting unless the HOA’s bylaws prohibit it.

The member can appoint a proxy to vote or act for the member by signing a form personally or through his or her attorney-in-fact. This appointment may be done by transmitting a “telegram, teletype, facsimile, or other electronic transmission” that will provide the member’s written statement with the appointment. This should be addressed to the proxy, a proxy solicitor or support service organization, another person the proxy has authorized to receive appointments, or a non-profit corporation.

Proxy appointments for HOA voting are valid by default for 11 months. Of course, the member can also indicate a different period in the appointment form.

The member can also revoke the appointment by attending meetings, voting in person, signing and submitting a document to HOA officers indicating that the proxy is revoked or submitting another appointment form.

A member’s death or incapacity does not affect the right of the association to accept proxy authority unless a notice of death or incapacity has been received.

 

Vermont

Unless HOA bylaws prevent it, the Vermont Common Interest Ownership Act allows HOA proxy voting, which should be executed in writing and signed by the member.

Proxies can either be general or limited. Also, like in other states, proxies executed in Vermont are, by default, valid for 11 months unless a different time frame is added to the proxy. They are considered void if the proxy says it is irrevocable. It can only be irrevocable if the proxy is coupled with an interest, such as a financial stake or legal claim related to the property or association.

 

Virginia

In Virginia, proxy voting relies on the association’s governing documents. The state doesn’t have a law that clearly outlines proxy regulations for HOA communities comprising single-family properties. However, the state has condominium association legislation that may outline HOA proxy voting rules.

 

Washington

Washington carries similar HOA proxy laws as many other states. It allows proxy voting unless otherwise stated by the association’s bylaws.

For a proxy to be valid in the state, the member or an attorney-in-fact may appoint a proxy to vote on behalf of the member. This is done by executing an appointment form. The said form must indicate or be accompanied by information clearly showing the member or attorney-in-fact authorizes it.

The proxy starts being valid when inspectors of election receive the executed appointment in the form of a record, the agent or board member authorized to tabulate votes, or the HOA secretary.

The appointment’s validity lasts 11 months unless indicated otherwise.

Members may revoke the appointment by notifying the HOA. Death or incapacity has no effect on the HOA’s rights to accept the proxy unless authorized officers receive notice about these circumstances.

West Virginia

According to West Virginia’s Uniform Common Interest Ownership Act, voting by proxy for homeowners associations is allowed through a duly executed proxy. The law also stipulates that the member may revoke the proxy only by submitting a notice of revocation. Additionally, the proxy is voided if it does not indicate the date or if it says it is “revocable without notice.” The validity of a properly executed proxy is one year unless the member indicates a shorter duration.

 

Wisconsin

Wisconsin law provides HOA members the right to vote by proxy unless prohibited or limited by the association’s governing documents. The member can proceed with a proxy by signing an appointment form personally or through a lawyer.

The proxy is effective once the HOA secretary or other officers authorized to count votes receive the form. It is valid for 11 months unless the member specifies a different duration in the form.

Death or incapacity does not impact the HOA’s right to accept the proxy authority unless notified of the member’s death or incapacity. The member can revoke the appointment by attending and voting in person or submitting a signed written notice of the revocation.

 

Wyoming

In Wyoming, members can vote by proxy in the HOA unless governing documents limit or ban the practice. It is done by creating and executing an appointment form the member signed personally or via an attorney-in-fact.

The appointment’s validity starts when the secretary or authorized HOA officer receives it. By default, it is valid for 11 months unless the member expressly provided a different period in the form. However, proxies are not allowed to be valid for more than 3 years from their execution date.

The member can revoke the appointment by personally voting or attending the meetings. He/she may also revoke it through a signed, written notice submitted to the HOA secretary or authorized officials. The member’s death or incapacity does not affect the HOA’s rights to accept the proxy authority unless an official notice of death or incapacity has been submitted.

 

Proxy Authority

Being unable to attend a meeting does not necessarily forfeit a homeowner’s vote in important HOA meetings. Members can exercise their right by appointing a proxy to act on their behalf, ensuring their voices are heard in most circumstances.

An HOA management company can help your community facilitate meetings to ensure that HOA proxy voting rules are properly followed. Check out our online directory for the best one in your area!

 

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