Voting is a cornerstone of decision-making in condominium, homeowner (HOA), and townhome community associations. Impacting everything from board elections to approving key association initiatives, voting brings unique challenges and considerations that board members must navigate to ensure a fair, transparent, and legally compliant process.

Below are several key factors board members and property managers should keep in mind when managing voting within their community association.

 

1. Key Issues Voted on in Community Associations

In community associations, members often vote on a variety of important issues that affect the governance and operation of their community, including:

  • Board member elections
  • Budget approval and assessments (ex. annual budget, special assessments, etc.)
  • Amendments to governing documents (ex. changes to bylaws, covenants, etc.)
  • Capital improvement projects (ex. building playground, renovating fitness center)
  • Rule changes and policy adoption (ex. parking, pets, short term rentals)

 

2. Voting Methods

There are different voting methods available to community associations, including:

  • In-person voting
  • Mail-in voting
  • Proxy voting
  • Electronic voting

Board members should understand the advantages and potential limitations of each method. For instance, electronic voting can increase participation but requires reliable technology and strong security measures, while mail-in voting may involve logistical challenges and longer processing times (ex. manually counting ballots).

 

3. Quorum Requirements

Board members must ensure that a minimum number of eligible voters participate, whether through direct voting or proxy submissions. Quorum requirements are typically outlined in the community association’s governing documents, such as the bylaws or CC&Rs.

Failure to meet quorum can result in delays and may require additional meetings or voting rounds, affecting the efficiency of decision-making in the association. Board members should familiarize themselves with these specific quorum thresholds to effectively plan and manage voting procedures.

 

4. Voting Eligibility

Factors like ownership status and being current on assessments outline voting eligibility in community associations. Board members should be diligent in maintaining accurate records to determine who is eligible to cast a vote and ensure that only qualified members participate, which helps maintain the integrity of the voting process.

Associations typically have rules stating that only one unit owner per household is eligible to vote. For example, a couple who co-own a unit cannot submit two votes in an election, budget approval, etc. which helps prevent conflicts of interest and ensures balanced association governance.

 

5. Transparency and Recordkeeping

Keeping accurate and detailed records of voting results, including ballots and proxies, is critical. This not only upholds transparency but also provides a verifiable audit trail if disputes arise. Board members should understand the procedures for securely storing voting records and how to make them accessible for verification.

If the association maintains electronic voting and election records, board members must also address electronic document retention policies, including:

  • Access and permission issues including who can access electronic records, address unauthorized use, account for board turnover, etc.
  • Storage solutions (ex. external drives, cloud-based storage, backup systems)
  • Security (ex. multi-factor authentication, encryption)
  • Disposal procedures addressing safely and permanently deleting electronic documents when they are outdated or no longer needed

 

6. Communication and Voting Deadlines

Clear communication regarding the voting process, including deadlines for submissions and instructions for participating, is essential for association member engagement and trust. Board members should ensure that notices include all relevant details, such as voting dates, locations, or digital access links for electronic voting. Timely reminders can help boost homeowner participation and prevent confusion.

 

7. Role of the Association’s Attorney

The association’s attorney plays a crucial role in ensuring that the voting process adheres to both the governing documents (ex. declaration, bylaws) and applicable laws. Their involvement helps safeguard against legal challenges and provides guidance to board members and property managers on complex procedural issues. The attorney may:

  • Review board member election notices
  • Address proxy voting eligibility
  • Oversee the creation and application of nomination procedures
  • Draft and revise election procedures, including electronic voting polices
  • Advise on issues related to candidate eligibility
  • Review contracts and agreements with electronic voting vendors

In cases of disputes or potential voting irregularities, the association’s attorney acts as a resource to ensure that the board’s actions are legally defensible and in compliance with all relevant regulations. By proactively engaging the association’s attorney, boards can maintain the integrity and legality of the voting process, minimizing disputes, and promoting trust within the community.

 

Legal Resource

By focusing on these distinct considerations, board members can better manage voting in their community association and promote a smooth, transparent process that aligns with legal and procedural standards.

Questions about voting in your community association, election procedures, nomination eligibility, electronic voting, or other legal issues? Do not hesitate to call 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

 

Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article law at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the article, or the accessibility of the article generally. This article may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2025 Kovitz Shifrin Nesbit, A Professional Corporation.