Arizona Condo Voting Rules: Proxies and Absentee Ballots (ARS 33-1250)

Quick answer: Once declarant control ends, Arizona condominium owners can't vote by proxy. A.R.S. 33-1250 requires the association to allow voting in person and by absentee ballot, and it may add email, fax or other delivery. Absentee ballots must list each proposed action with a for or against choice, cover one meeting only, give a return deadline at least seven days after the board delivers the ballot, and carry the voter's name, address and actual or electronic signature (on the envelope only for secret ballots). Keep ballots for at least one year. When several people own one unit, a majority in interest controls its vote.

Arizona condos follow A.R.S. 33-1250, not the planned community statute, though the ballot rules are nearly identical. Here are the condo-specific points.

Proxies: only during declarant control

C. Notwithstanding any provision in the condominium documents, after termination of the period of declarant control, votes allocated to a unit may not be cast pursuant to a proxy.

During declarant control, proxies are allowed but come with conditions in subsection B: an undated proxy is void, a later-dated proxy from the same owner revokes an earlier one, revocation otherwise requires actual notice to the person presiding, and a proxy generally ends one year after its date.

How condo owners vote after turnover

D. Votes cast by absentee ballot or other form of delivery, including the use of e-mail and fax delivery, are valid for the purpose of establishing a quorum.

The seven ballot requirements

1. The ballot shall set forth each proposed action.

2. The ballot shall provide an opportunity to vote for or against each proposed action.

3. The ballot is valid for only one specified election or meeting of the members and expires automatically after the completion of the election or meeting.

4. The ballot specifies the time and date by which the ballot must be delivered to the board of directors in order to be counted, which shall be at least seven days after the date that the board delivers the unvoted ballot to the member.

5. The ballot does not authorize another person to cast votes on behalf of the member.

6. The completed ballot shall contain the name, the address and either the actual or electronic signature of the person voting, except that if the condominium documents permit secret ballots, only the envelope shall contain the name, the address and either the actual or electronic signature of the voter.

7. Ballots, envelopes and related materials, including sign-in sheets if used, shall be retained in electronic or paper format and made available for unit owner inspection for at least one year after completion of the election.

Notice item 6: the condo statute expressly allows an electronic signature. That makes email or online ballots easier to run, if the association has provided for that form of delivery.

Units with more than one owner

A. If only one of the multiple owners of a unit is present at a meeting of the association, the owner is entitled to cast all the votes allocated to that unit.

If more than one co-owner is present, the unit's votes are cast by agreement of a majority in interest, unless the declaration says otherwise. The statute treats it as majority agreement when one co-owner votes and none of the others promptly protests to the person presiding. The secretary should note any protest in the minutes.

Other condo-specific rules

• Association-owned units don't vote, unless the declaration provides otherwise.
• Lessee voting. If the declaration requires lessees to vote on specified matters, the lessee votes instead of the owner on those matters, and owners must still get notice of those meetings under A.R.S. 33-1248.

Running a compliant condo vote

1. Confirm declarant control has ended (no proxies after that).
2. Mail or deliver ballots so the return deadline is at least seven days after delivery.
3. List every action separately with for and against choices.
4. Decide whether to accept email or fax ballots, and say so in the ballot instructions.
5. Count absentee ballots toward quorum.
6. Store ballots, envelopes and sign-in sheets for at least one year.

Arizona condo meetings and notice are covered in ARS 33-1248 condo meetings. For planned communities, the parallel statute is explained in Arizona HOA absentee ballot rules under ARS 33-1812. Records requests for ballots follow the records rules; see Arizona HOA records requests. To record the results, see how to record a motion and vote.

If the vote involves a budget or assessment, our partners at Dynamite Management explain Arizona's financial rules in Arizona HOA Laws in 2026. HOA Board Minutes is part of HOA Fiscal.

FAQ

Can Arizona condo owners vote by proxy? Only during the period of declarant control. After that, A.R.S. 33-1250 bars proxy voting regardless of the condominium documents, except for timeshare associations.

How long must an Arizona condo absentee ballot be open? The return deadline must be at least seven days after the board delivers the unvoted ballot to the owner.

Can Arizona condo ballots be signed electronically? Yes. The completed ballot (or the envelope, for secret ballots) must carry the voter's name, address and actual or electronic signature.

Who votes when a condo unit has several owners? If only one is present, that owner casts all the unit's votes. If more than one is present, a majority in interest decides, unless the declaration says otherwise.

Do absentee ballots count toward quorum? Yes. Votes cast by absentee ballot or other permitted delivery count for establishing a quorum.

This is not legal advice. Confirm with the current text of A.R.S. 33-1250 and your association's attorney.

Cover: Photo by Dewnette Reid on Pexels