HOA Electronic Voting Laws: What You Need to Know

Many HOA communities and board members seek ways to modernize their governance processes and transition to electronic or hybrid voting. As this is uncharted territory for many HOAs, you may be asking the question, “Can I have electronic elections for my HOA in my state?” 

This line of questioning almost always segways into researching state laws regarding HOA electronic voting to ensure you can legally implement the process. To assist in your research, we created this guide to outline what you need to know about your state’s legal environment.*

*Disclaimer: Survey & Ballot Systems (SBS) is not a government agency, law firm, or attorney and cannot provide you with any kind of legal advice or legal recommendations. The summaries of laws and statutes provided on this page are in no way all-inclusive. They also don’t represent every law or statute relating to governance for homeowners associations and should not substitute further research. This page provides the most current knowledge as of May 2023.

Understanding Electronic Voting

Electronic voting is the digitized version of in-person voting. Because of the sensitive nature of the process, it involves multiple procedures that must be followed. Understanding these regulations is essential, as they determine how you prepare for, conduct, and conclude the HOA voting process in your state.

How Digital Voting Can Streamline the Process

Just as is the case with traditional voting, it’s critical to implement and follow the regulations surrounding HOA electronic voting laws. We at Survey & Ballot Systems assist with multiple solutions to simplify the electronic voting process.

From real-time voting software to online voting support services, DIY election softwarepaper ballot options, and more, we’re your secure, full-service provider. Our team has the tools and knowledge to ensure you stay compliant with HOA voting laws.

Digitizing HOA Voting

Adopting digital voting for your HOA can make the process more convenient for homeowners, property managers, and the HOA board. As digital voting is still a formal process, choosing the right vendor is critical. If you decide on this route, the following steps will apply:

  1. Explore reputable online voting platforms.
  2. Get budget and other approvals from the HOA board.
  3. Your service provider will help you launch the software.
  4. Start adding eligible voters to the platform.
  5. Email the voters with voting details and relevant documents.
  6. Let the voters know that voting is open by supplying a link provided by your vendor — note that they can also vote in advance by quorum.
  7. The platform should allow you to send a quick email reminding members to vote if they haven’t already done so.
  8. Tabulation is automated, and you can announce the results online.
  9. All voting details and reports are stored securely online.

Does My State Allow for Electronic HOA Voting?

Not all states allow for electronic HOA voting. Consult the table below to determine if you can vote electronically and to see the guidelines.

Alabama

Can you vote electronically? No

Relevant Laws/Statutes: 10A-3-2.05

Alaska

Can you vote electronically? No

Relevant Laws/Statues: AK Stat Sec 10.20.071

Arizona

Can you vote electronically? Yes

Relevant Laws/Statutes: Arizona Stat 10-3708

Special Requirements: The HOA must provide notice to members that the vote will be conducted by electronic means; this notice must also include a procedure by which members may obtain and cast their ballot by other methods including US Mail and Fax.

The online voting system must (1) authenticate member’s identity; (2) authenticate the validity of each electronic vote to ensure it was not altered in transit; (3) transmit a receipt to each member who casts an electronic vote; (4) store electronic votes for recount, inspection, and review.

Additional resources

Arkansas

Can you vote electronically? Yes

Relevant Laws/Statutes: Arkansas Stat 10-3708

Special Requirements: Solicitation for votes by written ballot must (1) indicate number of responses needed to meet quorum requirements; (2) state percentage of approvals necessary to approve each matter other than election of directors; (3) specify time by which ballot must be received by corporation to be counted.

California

Can you vote electronically? Yes

Relevant Laws/Statutes: Civil Code §§ 5105, 5110, 5115, 5120, 5125, 5200, 5260 (Amended by AB 2159)

Special Requirements: Electronic voting is permitted for director elections, amendments to governing documents, and votes to approve exclusive use of common areas. Special assessment votes must still be conducted by written ballot. 

Colorado

Can you vote electronically? Yes

Relevant Laws/Statutes: CO Code § 38-33.3-310 (2022)

Special Requirements: Vote for contested positions on the executive board must be conducted by secret ballot.

Additional Resources

Connecticut

Can you vote electronically? Yes

Relevant Laws/Statutes: CT Gen Stat § 47-252 (2022)

Special Requirements: When the association delivers the ballots, it shall also: (A) indicate the number of responses needed to meet the quorum requirements, (B)  state the percentage of votes necessary to approve each matter other than the election of directors; (C) specify the time and date by which a ballot must be delivered to the association to be counted, which time and date may not be fewer than three days after the association delivers the ballot; and (D) describe the time, date, and manner by which unit owners wishing to deliver information to all unit owners regarding the subject of the vote may do so.

Delaware

Can your HOA vote electronically? Yes

Relevant Laws/Statutes: Title 25, § 81-310

Special Requirements: All solicitations for votes by ballot must: (A) indicate the number of responses needed to meet the quorum requirements; (B) state the percentage of approvals necessary to approve each matter other than the election of directors; (C) specify the time by which a ballot must be delivered to the association in order to be counted, which time shall not be less than three days after the date that the association delivers the ballot; and (D) describe the procedures (including time, size, and manner) by which a unit owner wishing to deliver information to all unit owners regarding the subject of the vote may do so.

Florida

Can you vote electronically? Yes

Relevant Laws/Statutes: Flordia Stat. 720.317

Special Requirements: Requires board resolution. Member must consent in writing to electronic voting.

The association must provide each member with (1) a method to authenticate identity to voting system, (2) method to confirm fourteen days before voting deadline that members electronic device can communicate with voting system, (3) method consistent with election and voting procedure in associations bylaws.

The online voting system must be (1) able to authenticate each member’s identity; (2) able to authenticate the validity of each electronic vote to ensure it was not altered in transit; (3) able to transmit a receipt to each voter who casts an electronic vote; (4) if the association’s bylaws provide for secret ballots, must be able to separate identifying information from the ballot so that the member cannot be identified; (5) able to store and keep ballots accessible for recount, inspection, and review.

Additional Resources

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Georgia

Can you vote electronically? Yes

Relevant Laws/Statutes: O.C.G.A. § 14-3-708

Special Requirements: All solicitations for votes by ballot in writing or by electronic transmission shall: (1) indicate the number of responses needed to meet quorum requirements; (2) state the percentage of approvals necessary to approve each matter other than the election of directors; and (3) specify the time by which a ballot must be received by the corporation in order to be counted.

Hawaii

Can your HOA vote electronically? Yes

Relevant Laws/Statutes: Section 514B-121, Hawaii Revised Statutes

Special Requirements: Associations shall implement reasonable measures to verify that each person permitted to vote is a member of the association or a proxy.

Idaho

Can you vote electronically? No

Relevant Laws/Statutes: Sec 55-3204

Illinois

Can you vote electronically? Yes

Relevant Laws/Statutes: 765 ILCS 160/1-25(i)

Special Requirements: The association may, upon adoption of the appropriate rules by the board, conduct elections by electronic or acceptable electronic means. Members may not vote by proxy in board elections. 

Instructions regarding the use of electronic means or acceptable technological means for voting shall be distributed to all members not less than ten and not more than thirty days before the election meeting.

The instruction notice must include the names of all candidates who have given the board or its authorized agent timely written notice of their candidacy and must give the person voting through electronic or acceptable technological means the opportunity to cast votes for candidates whose names do not appear on the ballot. 

The board rules shall provide and the instructions provided to the member shall state that a member who submits a vote using electronic or technologically acceptable means may request and cast a ballot in-person at the election meeting, and thereby void any vote previously submitted by that member. 

Indiana

Can you vote electronically? No

Relevant Laws/Statutes: IN Code § 32-25.5-3-10 (2022)

Iowa

Can you vote electronically? Yes

Relevant Laws/Statutes: IA Code § 504.708 (2022)

Special Requirements: Solicitations for votes by written ballot must: (1) indicate the number of responses needed to meet quorum requirements; (2) state the percentage of approvals necessary to approve each matter other than the election of directors; (3) specify the time by which the ballot must be received by the corporation in order to be counted. 

An electronic transmission of a written ballot shall contain, or be accompanied by information indicating that a member, a member’s agent, or a member’s attorney authorized the electronic transmission of the ballot. 

Kansas

Can your HOA vote electronically? Yes, but only when a vote is conducted without a meeting.

Relevant Laws/Statutes: KS Stat § 58-4614 (2021)

Special Requirements: When the association delivers the ballots, it shall also: (1) indicate the number of responses needed to meet the quorum requirements; (2) state the percentage of votes needed to approve each matter other than the election of directors; (3) specify the time and date by which a ballot must be delivered to the association to be counted, which time and date may not be fewer than three days after the date the association delivers the ballot; and (3) describe the time, date, and manner by which unit owners wishing to deliver information to all unit owners regarding the subject of the vote may do so.

Kentucky

Can you vote electronically? No

Relevant Laws/Statutes: KY Stat 273.201

Additional Resources

Louisiana 

Can you vote electronically? No

Relevant Laws/Statutes: RS 12: 1-728

Additional Resources

Maine

Can you vote electronically? Yes

Relevant Laws/Statutes: Title 13.B § 604

Special Requirements: There are no special requirements other than bylaws established by a board. 

Additional Resources

Maryland

Can you vote electronically? Yes

Relevant Laws/Statutes: MD Real Property Code Ann. § 11B-113.2 (2022)

Special Requirements: Electronic transmission must contain info that verifies the vote is authorized by the lot owner or lot owner’s proxy. 

If the governing document requires a secret ballot, and electronic transmission can’t be secret, electronic voting is still allowed if lot owners have the option of an anonymous printed ballot. 

Massachusetts 

Can you vote electronically? No law neither distinctly allows nor prohibits electronic voting.

Michigan

Can your HOA vote electronically? Yes

Relevant Laws/Statutes: MI Comp § 450.2408 (2022)

Special Requirements: The ballot must specify a time by which the corporation must receive a ballot in order to be counted as a vote of the shareholder or member. The time specified shall not be less than twenty or more than ninety days after the date the corporation provides the ballot to the shareholders or members. 

Minnesota

Can you vote electronically? Yes

Relevant Laws/Statutes: MN Stat 515B.3-110

Special Requirements: The board shall set a voting period within which the ballots or other voting responses must be received by the association, which period shall not be less than fifteen and no more than forty-five days after the date of delivery of the notice of the vote and voting procedures to the unit owners. The board of directors shall provide notice of the results of the vote to the unit owners within thirty days after the expiration of the voting period. All requirements in this chapter, the declaration of bylaws for a meeting of the unit owners, or being present in person, shall be deemed satisfied by a vote taken in compliance with the requirements of this section. The voting procedures authorized by this section shall not be used in combination with a vote taken at a meeting of the unit owners. However, voting by electronic means and mailed ballot may be combined if each is done in compliance with the applicable statute. 

Additional Resources

Mississippi 

Can you vote electronically? No

Relevant Laws/Statutes: MS Code § 79-11-211 (2020)

Missouri

Can you vote electronically? No

Relevant Laws/Statutes: MO Rev Stat § 355.266 (2022) 

Montana 

Can your HOA vote electronically? Yes

Relevant Laws/Statutes: MT Code Title 35 § 2-533 (2021)

Special Requirements: A corporation may deliver a written ballot by electronic communication as long as a member gives consent. Consent by a member to receive notice by electronic communication in a certain manner constitutes consent to receive a ballot by electronic communication in the same manner.

All solicitations for votes written ballot must: (1) indicate the number of responses needed to meet the quorum requirements; (2) state the percentage of approvals necessary to approve each matter other than the election of directors; (3) specify the time by which a ballot must be received by the corporation to be counted. 

Additional Resources

Nebraska

Can you vote electronically? No 

Relevant Laws/Statutes: NE Code § 21-264 (2022)

Additional Resources

Nevada

Can you vote electronically? Yes

Relevant Laws/Statutes: NV Rev Stat § 116.311 (2022)

Special Requirements: When the association delivers the ballots, it must (1) indicate the number of responses required to meet the quorum requirements; (2) state the percentage of votes necessary to approve each matter other than the election of directors; (3) specify the time and date by which a ballot must be delivered to the association to be counted, which time and date may not be fewer than three days after the association delivers the ballot; and (4) describe the time, date and manner by which unit owners wishing to deliver information to all unit owners regarding the subject of the vote may do so.

New Hampshire

Can you vote electronically? No

Relevant Laws/Statutes: NH Rev Stat § 293-A: 7-28 (2022)

New Jersey

Can you vote electronically? Yes

Relevant Laws/Statutes: NJ Stat Sec 45: 22A-45.2

Special Requirements: Election notice must be sent fourteen to sixty days ahead of time; can be sent by electronic means provided the member has agreed in writing to electronic notice or governing documents permit electronic notice provided another form of voting by absentee ballot or proxy is available. Electronic voting for executive board members must be allowed where the executive board determines to allow electronic voting and the member consents to electronic voting.   

New Mexico

Can you vote electronically? No 

Relevant Laws/Statutes: NM Stat § 47-16-9 (2021)

Additional Resources

New York

Can your HOA vote electronically? No*

*may be possible for association bylaws to diverge from statutes

Relevant Laws/Statutes: NY Stat 6 § 613

Additional Resources

North Carolina

Can you vote electronically? Yes

Relevant Laws/Statutes: NC Stat 7 § 55A-7-01-40

Special Requirements: Association can provide written ballots, electronic ballots, or both. The deadline for paper and electronic ballots must be identical.

Additional Resources

North Dakota

Can you vote electronically? Yes

Relevant Laws/Statutes: ND Cent. Code § 10-33-74

Special Requirements: Ballots must be provided on the same time frame as meeting notices, between five and fifty days before the meeting. Solicitations for votes by ballot must: (A) indicate the number of responses needed to meet the quorum requirements; (B) state the percentage of approvals necessary to approve each matter other than the election of directors; and (C) specify the time by which a ballot must be received by the corporation in order to be counted. 

Additional Resources 

Ohio

Can you vote electronically? Yes

Relevant Laws/Statutes: OH Rev Stat § 1702.20

Special Requirements: Unless specified otherwise by association bylaws or regulations, voting at elections and votes on other matters may be conducted by mail or by the use of authorized communications equipment. 

Additional Resources

Oklahoma

Can you vote electronically? No

Relevant Laws/Statutes: OK Stat Title 18 § 1075.1

Additional Resources

Oregon

Can you vote electronically? Yes

Relevant Laws/Statutes: ORS § 94.661

Special Requirements: Ballot may be given by email, fax, posting on a website, or other electronic means. 

If bylaws require a secret ballot, an electronic system must be secret. If posted on a website, a notice of the posting must be sent to each owner with info about how to access the website. 

Owners can petition for a secret process up to three days before ballots are distributed. 

Additional Resources

Pennsylvania 

Can your HOA vote electronically? Yes

Relevant Laws/Statutes: PA Stat 68 § 5310

Special Requirements: Electronic voting is allowed if the identity of the unit owner submitting the ballot can be confirmed, and a receipt of the electronic transmission and ballot can be made available to the unit owner. 

Rhode Island

Can you vote electronically? No

Relevant Laws/Statutes: RI Gen Laws § 7-6-20

Additional Resources

South Carolina

Can you vote electronically? Yes

Relevant Laws/Statutes: SC Code § 33-31-708

Special Requirements: All solicitations for votes by written or electronic ballot shall: (1) indicate the number of responses needed to meet the quorum requirements; (2) state the percentage of approvals necessary to approve each matter other than the election of directors; and (3) specify the time by which a ballot must be received by the corporation in order to be counted. (E) Except as otherwise provided in the articles or bylaws, a written or electronic ballot may not be revoked.

Additional Resources

South Dakota

Can you vote electronically? Yes

Relevant Laws/Statutes: SD Stat § 47-23-9

Special Requirements: Each ballot must: (1) set forth each proposed action; (2) provide an opportunity to vote for or against, or withhold a vote for each proposed action; (3) be delivered to each member by any means of transmission set forth in the bylaws or articles of incorporation. If no method is set forth in the bylaws or articles of incorporation, ballots may be delivered by any reasonable means, including, but not limited to, traditional mail, hand delivery, or electronic facsimile; (4) indicate the number of responses needed to meet the quorum requirements; (5) state the percentage of approvals necessary to approve each matter other than the election of directors; and (6) specify the time by which a ballot must be received in order to be counted.

Additional Resources

Tennessee 

Can you vote electronically? No

Relevant Laws/Statutes: Tenn Code § 48-57-205

Additional Resources

Texas

Can you vote electronically? Yes

Relevant Laws/Statutes: TX Code Title 2 § 22.160

Special Requirements: If authorized by the certificate of formation or bylaws of the corporation, a member vote on any matter may be conducted by mail, by facsimile transmission, by electronic message, or by any combination of these methods.

Additional Resources 

Utah

Can you vote electronically? No

Relevant Laws/Statutes: UT Code Title 16 § 6a-709

Additional Resources

Vermont

Can you vote electronically? No 

Relevant Laws/Statutes: 11B V.S.A. § 7.08

Additional Resources 

Virginia

Can you vote electronically? Yes

Relevant Laws/Statutes: VA Code § 55.1-1832 (2022)

Special Requirements: The association must create a record of an electronic vote and preserve it as long as such a record would need to be maintained in a non-electronic form. 

If a secret ballot is required, electronic means must protect voter identity. 

Washington

Can you vote electronically? Yes

Relevant Laws/Statutes: RCW 24.03.085

Special Requirements: A corporation must designate an address, location or system to which a ballot may be transmitted, and the ballot must be transmitted to such address, location or system in an electronic submission. 

West Virginia

Can you vote electronically? No

Relevant Laws/Statutes: WV Code § 31E-7-724

Additional Resources 

Wisconsin

Can you vote electronically? Yes

Relevant Laws/Statutes: WI Stat § 181.0708

Special Requirements: Solicitation for written and electronic ballots must include (1) the number of responses needed to meet quorum; (2) percent of approvals needed to approve each matter other than the election of directors; and (3) time by which a ballot must be received to be counted.

Additional Resources

Wyoming

Can you vote electronically? No

Relevant Laws/Statutes: WY Stat § 17-19-708

Additional Resources

Contact Us for Secure, Streamlined Electronic HOA Voting

Survey & Ballot Systems understands the complexities of transitioning from traditional to HOA digital voting. We provide individualized attention, dedicated support, and comprehensive instructions for your HOA community so everyone understands the process.

If you’d like more information, contact us through our online form or by phone at 800-974-8099. We’ll gladly answer all your questions.