Arizona HOA Absentee Ballot and Proxy Rules: ARS 33-1812

Quick answer: In an Arizona planned community, owners cannot vote by proxy once declarant control ends. A.R.S. 33-1812 requires the association to let owners vote in person and by absentee ballot, and it may add email, fax or other delivery. Every absentee ballot must list each proposed action with a for or against choice, be good for one election only, give a return deadline at least seven days after the board delivers the ballot, and carry the voter's name, address and signature (on the envelope only, if your documents allow secret ballots). Keep all ballots and envelopes for at least one year for owner inspection.

Arizona's ballot rules override your community documents, so a bylaw that still talks about proxies is out of date. Here is what the statute requires and how to run a compliant vote.

No proxies after declarant control

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

That one sentence surprises a lot of boards. If an owner hands you a signed proxy at the annual meeting, it cannot be counted once the declarant has turned over control. The only exception in the section is for timeshare associations.

How owners can vote instead

The association must allow two methods and may add more:

The statute also says these ballots count toward quorum:

B. 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

When absentee ballots or another delivery method are used at an annual, regular or special meeting, each requirement below applies, regardless of your documents or the nonprofit corporation statute:

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, address and signature of the person voting, except that if the community documents permit secret ballots, only the envelope shall contain the name, address and 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 member inspection for at least one year after completion of the election.

What this means in practice

• Mail ballots early. The return deadline must be at least seven days after the board delivers the blank ballot. Count backward from your meeting date and add mailing time.
• One ballot, one meeting. Don't reuse a ballot for an adjourned meeting held on a different date unless counsel confirms that is the same meeting.
• No write-in delegate. A ballot can't name someone to vote for the owner. That would be a proxy by another name.
• Secret ballots need two envelopes. If your documents permit secret ballots, the identifying information goes on the outer envelope only, and the ballot inside stays anonymous.
• Keep everything a year. Ballots, envelopes and sign-in sheets go into the records, available for owner inspection for at least one year.

A sample ballot checklist

1. Association name, meeting type and date.
2. Each proposed action, listed separately (each board seat, each amendment, each question).
3. For or against boxes for each action, or candidate selections for each seat.
4. Return deadline, date and time, at least seven days after delivery.
5. Where and how to return it (mail, drop box, and email or fax if your association allows them).
6. Name, address and signature lines, or envelope instructions for a secret ballot.
7. A statement that the ballot is valid only for this meeting.

Recording the vote in the minutes

The secretary should note how many ballots were received, how many were counted toward quorum, the results for each action, and where the ballots are stored. Our guide on how to record a motion and vote in HOA board minutes has wording you can adapt, and how to run an HOA annual meeting covers the agenda.

Arizona board meetings have their own open-meeting rules, explained in ARS 33-1804 board meetings. For Arizona condominiums, see ARS 33-1248 condo meetings and confirm the condo voting statute separately. For the bigger picture of Arizona HOA law this year, our partners at Dynamite Management cover it in Arizona HOA Laws in 2026.

HOA Board Minutes is part of HOA Fiscal, so the meeting record, owner list and ballots live alongside your books.

FAQ

Can Arizona HOA members vote by proxy? Not after the period of declarant control ends. A.R.S. 33-1812 bars proxy voting in planned communities regardless of the community documents; timeshare associations are the exception.

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

Do absentee ballots count toward quorum in Arizona? Yes. Votes cast by absentee ballot or other permitted delivery, including email and fax, count for establishing a quorum.

Can an Arizona HOA use email voting? Yes, if the association provides for it. Email and fax are listed as permitted additional forms of delivery.

How long must an Arizona HOA keep ballots? At least one year after the election, in paper or electronic form, available for member inspection.

This is not legal advice. Confirm with the current text of A.R.S. 33-1812 and your association's attorney.

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