Arizona HOA Secret Ballot
Hi Dennis,
Are HOAs permitted to use “secret ballot” where owner sign the outer envelope and not the ballot itself in their annual elections in Arizona? Thanks!
3 Responses
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Mike
Yes absolutely. That is contained in the law for both planned communities and Condominiums.
Dennis
May I ask what law is applicable because our Property Management tells me it’s only a California law.
As usual your property manager does not know what he/she is talking about. Arizona law allows either secret balloting or non secret balloting for HOA’s or Condo’s, but does not dictate either. The community bylaws dictate what a community will use for all ballot measures or elections for the members or unit owners. If the bylaws are silent on the issue the board is free to determine whether any ballot is secret or not. They must however inform the community along with the notice of the meeting for that ballot issue or election. They must also provide for absentee ballots to be handled accordingly relative to the nature (secret or not) of the ballot. For an HOA the statute is ARS 33-1812.
Dennis