Homeowner associations in New York must comply with statutes on voting rights to ensure they are not discriminating against certain individuals. In years past, HOA election voting options were typically limited to in-person or mail-in voting. This led to fewer community members casting votes.
With the rise of online voting platforms, states such as New York have allowed HOAs to hold their elections electronically. Companies like ElectionBuddy can help HOAs make voting easier, more secure, and more inclusive.
However, it's important to understand the New York Statutes on voting rights, as they are more strict than broad federal guidelines.
Just as HOAs and fair housing laws sometimes intersect, voting rights laws do, as well. An HOA community member cannot be denied their right to vote simply because the election is private. HOAs must make every effort to safeguard members from voting discrimination.
In New York, HOAs usually fall under one of two categories. They are either registered as a corporation or as a non-profit organization. Regardless of the category, the laws surrounding voting are similar.
Under a corporate HOA, community members are classified as shareholders and entitled to one vote per property. In non-profits, one household is considered to be a single member and similarly retains the rights to a single vote.
While HOAs cannot deny voting rights, they can set their own bylaws for election procedures so long as they do not conflict with voting rights laws. Each HOA operates slightly differently depending on the size of the community, member preferences, and if it is composed of condos or free-standing homes.
| Procedure | Requirement |
| Notification | Members must receive notice of elections at least 30 days in advance. |
| Quorum | A minimum of one-third of members must participate for an election to be valid (often >50% in bylaws). |
| Proxy Voting | Legal proxies are allowed if members cannot attend, unless restricted by HOA bylaws. |
| Equal Voting Rights | One vote per property (corporate HOAs = shareholders, non-profits = household members). |
Regardless of an HOA’s bylaws, they must follow certain procedures, including:
Voters must be notified of upcoming elections. Normally, this is thirty days in advance of an election. Failure to notify members can cause an election to be ruled invalid. However, many HOAs have challenges keeping up to date with voter contact information. For example, members may move out but still own their property. If a forwarding address is not provided, the owner may not receive proper notification.
A quorum is a certain percentage of members or shareholders that must be present or take part in an election before it is considered valid. Each HOA’s bylaws specify quorum requirements, usually requiring the participation of more than 50% of members. New York law requires a minimum quorum of one-third of members for a valid election.
HOA members may live in a different area from the community where they own property. In order to vote in elections, members can have a legal proxy cast votes on their behalf.
New York law allows proxies to vote in HOA elections, but individual organization bylaws may have their own restrictions. Outright denial of a proxy voter without a valid reason can lead to violations of New York statutes on voting rights.
By moving voting online, HOAs can eliminate many of the difficulties they face in holding elections. Proxy voters typically aren’t needed, as members can vote from anywhere.
Voter notification becomes a simple email rather than costly mail-in ballots that must be sent to potentially thousands of voters. Online voting also makes voter education and candidate selection easier than ever before.
Companies like ElectionBuddy provide a full suite of election options for organizations of all kinds, including HOAs. We employ election experts who can guide HOAs in complying with all relevant laws, whether it's HOAs in Texas meeting announcement rules or New York election regulations.
ElectionBuddy also uses the same security as major financial institutions to keep elections fair, secure, and transparent. Check out our resources today to see how we can assist with any election!
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