Arizona HOA Election Rules: ARS 33-1812 Compliance Guide (2026)

Arizona has more than 9,000 community associations governing roughly 1.4 million residents. The legal framework that governs their elections is unusually specific. ARS Title 33 spells out exactly when proxies are banned, what notice must look like, and how absentee voting must work. For boards used to operating on intuition, the statute can feel restrictive. For boards that follow it carefully, it produces some of the most defensible elections in the country.

This guide walks through every major election requirement under Arizona Revised Statutes Title 33, with the exact statutory citations, what the law actually says, and where Arizona boards most commonly trip up.

This article is for informational purposes only and does not constitute legal advice. HOA election requirements vary by governing documents and local regulations. Consult a qualified attorney for advice specific to your community.

The Arizona Statutory Framework

Arizona splits community association law along two tracks: planned communities and condominiums. The provisions read similarly, but the citations differ.

For most planned communities, ARS §33-1812 is the controlling statute on board elections. For condominiums, the equivalent rules live in §33-1248 and §33-1250. The statutes are written to override conflicting provisions in CC&Rs and bylaws, so when the documents conflict with the statute, the statute wins.

Notice Requirements

ARS §33-1804 requires notice of every annual or special meeting of the membership. Notice must be:

• Sent to each member at the address shown in the association records
• Mailed, hand-delivered, or transmitted electronically (if the member has consented to electronic notice)
• Sent at least 10 days but not more than 50 days before the meeting date

For board meetings (as opposed to membership meetings), §33-1804(C) requires only 48 hours of posted notice in a conspicuous location. But annual meetings where board members are elected fall under the 10 to 50 day rule.

The notice must state the date, time, place, and purpose of the meeting. For an election meeting, the notice should also list the open positions, identify candidates if nominations have closed, and explain how absentee or electronic voting will work.

Candidate Eligibility and Nominations

Arizona does not impose detailed candidate eligibility rules at the statute level. The CC&Rs and bylaws control. However, ARS §33-1812 prevents the association from disqualifying a member from running based on:

• Nonpayment of assessments unless the bylaws explicitly require good standing
• Status as a tenant rather than an owner (only owners may run)
• Failure to attend prior meetings

If your bylaws require candidates to be current on assessments, that requirement is enforceable. If your bylaws are silent, the association cannot invent eligibility rules to exclude specific candidates after nominations open.

The Proxy Ban: Arizona's Most Distinctive Rule

This is the rule that catches most out-of-state boards by surprise. After the period of declarant control ends, Arizona prohibits proxy voting for board elections in both planned communities (ARS §33-1812(A)) and condominiums (ARS §33-1250(C)). Do not cite §33-1812(B) for this — that subsection is the separate rule that absentee and electronic votes count toward quorum.

The statute is unambiguous. Members cannot transfer their vote to anyone else for board elections. Period.

This forces Arizona associations to use one of three voting methods:

Boards that continue to collect proxies, perhaps out of habit from running other meetings, end up with elections that get challenged and voided. If you are running a post-declarant-control Arizona HOA election and someone hands you a signed proxy, you cannot count it.

Absentee Voting Requirements

ARS §33-1812(A) makes absentee voting mandatory for Arizona HOA board elections. Members who cannot attend the annual meeting must be allowed to vote by absentee ballot.

The absentee ballot must:

• List each open position and every nominated candidate
• Allow the member to vote for any candidate, including write-ins where bylaws permit
• Be designed so the ballot can be sealed inside an envelope that hides the vote from view
• Be accompanied by an outer envelope on which the voter signs and identifies themselves

This is essentially a double-envelope system, similar to California's. The statute does not require a specific font or layout, but it does require that ballot identity verification and ballot secrecy both be possible.

For a deeper look at how secret ballot mechanics work across states, see HOA secret ballot rules by state.

Electronic Voting

Arizona's electronic voting authority comes from a combination of statutes:

• ARS §10-3708 authorizes nonprofit corporations to take member action by electronic ballot when permitted by the articles of incorporation or bylaws
• ARS §44-7008 (Arizona Electronic Transactions Act) gives electronic signatures the same legal effect as handwritten signatures
• ARS §33-1812 does not prohibit electronic voting and treats electronic ballots as a valid form of absentee ballot when authorized

To run an electronic election in Arizona, the bylaws must authorize electronic voting (or be amended to do so). Once authorized, the platform must:

• 1Authenticate each voter against the membership roll

• 2Preserve ballot secrecy by separating identity from vote

• 3Prevent double voting

• 4Provide an audit record sufficient to defend the election if challenged

• 5Offer an alternative for members who cannot or will not vote electronically

A platform like vote.direct handles all five requirements automatically. For a complete view of which states allow electronic voting and what each requires, see Electronic voting for HOAs by state.

Quorum

For condominiums, ARS §33-1249(A) sets a 25 % default quorum unless the bylaws provide otherwise, and §33-1249(B) sets 50 % for board meetings. The Planned Community Act has no quorum section, so a planned community's quorum is the percentage specified in its community documents. If the bylaws are silent, ARS §10-3722 (the nonprofit corporation default) applies, which sets quorum at the percentage stated in the articles or bylaws or, if neither addresses it, members holding ten percent of the votes entitled to be cast.

In practice, most Arizona HOA bylaws set quorum at 10 to 25 percent of eligible voters. Because proxies cannot be used to satisfy quorum for board elections, Arizona associations often rely on absentee and electronic ballots to reach quorum. Submitted absentee ballots count toward quorum when the bylaws permit.

If quorum fails, the meeting may be adjourned and reconvened. The bylaws specify whether reduced quorum applies on the second attempt.

For more on quorum strategies, see How to reach quorum: 7 proven strategies.

Open Meetings and Records

ARS §33-1804(A) makes board meetings open to all members. The board may meet in executive session for a narrow set of topics:

• Legal advice from counsel
• Pending or contemplated litigation
• Personnel matters
• Matters relating to specific homeowner accounts (collection, violations)
• Matters required by law to be confidential

Election results, however, must be announced in open session. ARS §33-1812 requires that the results of an election be made public to all members. Best practice is to announce results at the meeting and distribute written results to all members within 10 business days.

ARS §33-1805 governs records access. Members have the right to inspect association records, including election ballots, voter rolls, and meeting minutes. The association must produce records within 10 business days of a written request. Election records should be retained for at least one year.

Removal of Board Members

Arizona homeowners can call a special meeting to remove a board member. The threshold under ARS §33-1813 is members holding at least 25 percent of the votes in the association. The statute requires the meeting to be held within 30 days of the petition.

At the removal meeting, a majority of votes cast (subject to quorum) is sufficient to remove the director, unless the bylaws require a higher threshold.

The 25 percent petition threshold is higher than Texas (10 percent) but lower than many other states. Combined with the proxy ban, an Arizona recall election essentially requires the association to run a complete election process, with absentee or electronic ballots, within 30 days.

Common Compliance Failures

The five most common ways Arizona HOA boards run into election trouble:

• 1Counting proxies for board elections after declarant control has ended. Every proxy vote is invalid. If quorum was only reached by counting proxies, the entire election fails.

• 2Failing to offer absentee ballots. ARS §33-1812(A) requires the association to provide a path for members who cannot attend the meeting. Boards that say "you have to attend in person to vote" are violating the statute.

• 3Inventing eligibility rules after nominations open. Any candidate qualification must be in the bylaws or election rules adopted before the nomination period.

• 4Sending notice late. The 10 to 50 day window in §33-1804 is hard. A meeting noticed nine days out is voidable.

• 5Failing to announce results publicly. ARS §33-1812 requires election results to be made available to all members. Burying results in unposted minutes does not satisfy the statute.

FAQ

Q: Can an Arizona HOA require members to vote in person?

No. ARS §33-1812(A) requires associations to allow absentee voting for board elections. A bylaw or rule that requires in-person attendance to vote is unenforceable.

Q: Can an Arizona HOA use electronic voting?

Arizona law and the governing documents must be checked for the association type and vote. General nonprofit and electronic-transactions provisions are not a blanket authorization for every HOA election method. Confirm notice, meeting or written-ballot authority, voter eligibility, secrecy, duplicate-ballot controls, and any required alternative before launch.

Q: What happens if a member sends in a proxy for a board election?

The proxy is invalid and cannot be counted. ARS §33-1812(A) bans proxy voting for board elections after the declarant control period ends. If the association counts the proxy, the election can be challenged and voided.

Q: How long must Arizona HOAs retain election records?

The statute does not specify a retention period for election records, but ARS §33-1805 gives members the right to inspect records related to past elections. Best practice is to retain ballots, envelopes, voter rolls, and tally sheets for at least one year.

Q: How do Arizona homeowners remove a board member?

Members holding at least 25 percent of the votes in the association may call a special meeting to remove a director (ARS §33-1813). The meeting must be held within 30 days. A majority of votes cast at the special meeting (subject to quorum) is sufficient for removal unless the bylaws set a higher threshold.

Q: Does Arizona require an inspector of elections?

No. Unlike California (Civil Code §5110), Arizona does not require an independent inspector of elections. However, having a neutral third party administer the election is best practice, particularly for contested elections. See HOA inspector of elections: when you need one for more.

The Bottom Line

Arizona's election statute trades flexibility for clarity. The proxy ban and absentee voting mandate sound restrictive, but they actually simplify election administration once the board adapts. The boards that struggle in Arizona are the ones still running their elections like they would in Texas or Nevada. The boards that thrive are the ones that build their process around absentee and electronic ballots from the start.

Electronic voting solves Arizona's two biggest practical challenges at once: it satisfies the absentee voting requirement and it eliminates the quorum problem that the proxy ban can create.

Sources:

• 1ARS §33-1801 through §33-1818: Arizona Planned Communities Act

• 2ARS §33-1804: Open meetings and notice requirements

• 3ARS §33-1805: Association records and inspection rights

• 4ARS §33-1812: Voting, absentee ballots, proxy prohibition

• 5ARS §33-1813: Removal of directors and recall procedures

• 6ARS §33-1201 through §33-1270: Arizona Condominium Act

• 7ARS §33-1248: Condominium meeting and voting requirements

• 8ARS §33-1250: Condominium proxy prohibition

• 9ARS §10-3708: Nonprofit corporation electronic voting authority

• 10ARS §10-3722: Default quorum for nonprofit corporations

• 11ARS §44-7008: Arizona Electronic Transactions Act