Legal Framework for Homeowner Election Procedures

Legal frameworks for homeowner election procedures are determined by local, state, and federal law, as well as the HOAs governing documents. Adhering with each of these spheres of law is necessary for the legal functioning of associations, and quality HOA election services like ElectionBuddy can help organizations make sure they are compliant at every level.

Why Legal Compliance Matters

HOAs can be challenging organizations to run. Because they are managed by elected members who, in turn, administer elections, belief in the structure and security of these processes is very important. The presence of multiple layers of legal requirements can help members feel they can trust the integrity of the organization that is supposed to have their interests at heart.

Legal requirements also means there are pathways to rectifying disputes. When HOAs are not compliant with regulations, courts can invalidate results, fine the HOA, and require new elections. This can also boost trust in the system and faith that there is legal recourse to injustice. Demonstrating compliance is one of the ways organizations can increase participation in HOA elections online.

Basic Election Laws

While the exact language or nature of HOA election law varies from organization to organization, a few broad strokes are generally the same:

• Frequency: Some statues stipulate elections are held with a minimum frequency.
• Notice of election: Members must receive advance notice of an election, including how they can participate, the time and location of the election, and details about what will be on the ballot.
• Quorum: This is the minimum number of votes that must be cast in order for an election to be conducted and for the results to be legitimate.
• Eligibility checks: Some HOAs are able to restrict who can participate in certain votes, setting requirements for being in “good standing.”
• Anonymity: HOAs must ensure that the votes of members are anonymous.
• Independent inspector: Some states and regulations specify that a third-party inspector must administer and certify elections.
• Voting methods: States can permit or regulate voting methods such as online voting, mail-in ballots, and proxy voting.
• Election disputes: Regulations are often put in place to ensure recourse for disputed results.

Inside these broad strokes, many HOAs are able to adjust their requirements, such as increasing or decreasing quorum requirements.

Key Legal Requirements for HOA Elections

 Beyond the Law

There are some aspects to elections that may not be legally required, but are helpful for HOAs looking to boost participation and function effectively. These include:

• Transparency: All voting organizations benefit from a transparent process that members understand. For example, explaining encryption to voters can increase trust in the software being used.
• Promptness: Buy-in is increased when election results are shared quickly, broadly, and understandably.
• Above and beyond: For some HOAs, it’s worthwhile considering doing more than the minimum. For example, an organization in a state that doesn’t require an election inspector might get back voter confidence by hiring one.

Simplifying Compliance

It can be challenging enough for HOAs to conduct elections that drive voter turnout, let alone conducting elections that are legal at multiple levels. ElectionBuddy provides guidance on legal frameworks while hosting a simple, secure platform for elections. We can even offer tips on improving participation in HOA elections in Arizona and elsewhere!