Maryland Changed the Rules for Every HOA Election
On October 1, 2025, House Bill 1534 took effect in Maryland. It is the most significant change to HOA and condominium election law in the state in over a decade.
The core requirement: Every election for a community association's governing body must now be overseen by an independent party.
That means your board president can no longer count the ballots. Your property manager can no longer run the election. If your community has been handling elections in-house, and most Maryland communities have, you need a new plan before your next annual meeting.
This guide breaks down what HB 1534 requires, who qualifies as an "independent party," what online voting platforms must provide, and how to get your community into compliance.
This article is for informational purposes only and does not constitute legal advice. Consult a qualified Maryland attorney for advice specific to your community.
What HB 1534 Actually Says
HB 1534 (enacted as SB 758 / Chapter 512 of the 2025 Laws of Maryland) amends the Maryland Homeowners Association Act and the Maryland Condominium Act to add new requirements for elections. The new election-administration rules appear at Md. Real Property §11B-118 for HOAs and Md. Real Property §11-109(c)(17)–(22) for condominiums.
The Key Provisions
1. Independent Party Requirement
Elections for the governing body must be administered by an independent party. The categories of qualifying independent parties include:
- A third-party vendor (including a commercial online voting platform)
- A lot owner or unit owner who is not a current board member, is not a candidate in the election, has not campaigned for any candidate, and is not objected to by more than 25% of the eligible voting members
- Another person who has no conflict of interest with the election
> Critical clarification: Representatives of the association's property management company are not considered independent parties under HB 1534, with one exception: management that is owned by the association (or by a parent of the association) is permitted to serve. If an unaffiliated third-party management company has been running your elections, that arrangement no longer satisfies the law.
2. Online Voting Platforms Are Permitted
The law explicitly permits an association to administer its election through a commercial online voting platform, which can satisfy the independent-party requirement when the platform is not the board or management. The statute itself does not enumerate technical platform specifications, but the following features are what a board should look for in any platform to administer a defensible, independent election:
| Feature to Look For | What It Means |
|---|---|
| Verifiable voter identity | The platform confirms that the person voting is who they claim to be |
| Third-party administration | The platform is administered by a third party, not the board or management |
| Anonymity when required | If the election requires secret ballots, the platform ensures voter identity is separated from ballot selections |
| Audit-friendly results | Election results are auditable, meaning a verifiable record of every vote exists |
3. Applicability
HB 1534 applies to:
- All homeowners associations governed by the Maryland Homeowners Association Act
- All condominium associations governed by the Maryland Condominium Act
- Elections for the governing body (board of directors / council of unit owners)
Why This Law Was Passed
Maryland legislators introduced HB 1534 in response to persistent complaints about election irregularities in community associations. Common issues included:
- Board members counting their own re-election votes: an obvious conflict of interest that nonetheless happened routinely
- Property managers controlling the election process: creating dependencies and potential bias
- No verifiable audit trails: making it impossible to challenge suspicious results
- Voter identity concerns: communities had no reliable way to confirm that ballots came from actual owners
The solution: require an independent party to administer elections, and set explicit standards for any technology used in the process.
What Your Board Needs to Do Now
Step 1: Audit Your Current Election Process
Before changing anything, understand your baseline:
- Who currently administers your elections? (Board member? Property manager? Committee?)
- Does that person qualify as an "independent party" under HB 1534?
- Do your governing documents address election administration?
- What is your next scheduled election?
Step 2: Choose Your Independent Party
You have three options:
Option A: Third-Party Online Voting Platform (Recommended)
A commercial voting platform like vote.direct satisfies every HB 1534 requirement automatically:
- ✅Independent third party, not your board, not your management company
- ✅Verifiable voter identity, email and SMS verification (included in flat rate), or an assisted government-ID check ($3.00/voter add-on)
- ✅Anonymous ballots, individual votes stay private from your board, candidates, and other members
- ✅Audit-friendly results, complete audit trail with timestamps, verification records, and exportable reports
Option B: Independent Owner
A unit or lot owner who:
- Is NOT a current board member
- Is NOT running for a board position
- Has NOT campaigned for any candidate
- Is NOT objected to by more than 25% of the eligible voting members
This option is free but creates burden on a volunteer and does not provide the technology safeguards of a platform.
Option C: Other Independent Person
An outside individual who meets the non-conflict criteria. This could be an attorney, a CPA, or another professional, but the law does not require professional credentials.
Step 3: Update Your Governing Documents (If Needed)
Review your bylaws and declaration for any language that:
- Assigns election administration to the board or management
- Restricts voting methods to in-person or paper only
- Conflicts with the independent party requirement
If your documents need updating, you'll likely need a membership vote to amend the bylaws. Start this process early, bylaw amendments typically require 30–60 days of notice and a supermajority vote.
This one gets heated
Should community boards be required to use independent election administrators?
Step 4: Communicate with Your Community
Don't surprise your members. Send a communication explaining:
- The new law and what it means for your community
- How elections will be administered going forward
- What the voting experience will look like (especially if transitioning to online voting)
- How their identity will be verified and their vote kept anonymous
How vote.direct Supports HB 1534 Compliance
HB 1534 requires that elections be administered by an independent party. vote.direct satisfies that requirement and layers on the safeguards that make a contested election defensible:
| Feature | How vote.direct Delivers It |
|---|---|
| Independent third party (statutory requirement) | vote.direct is a third-party platform, not your board, not your management company |
| Verifiable voter identity | Email and SMS verification included in flat rate. Assisted government-ID check ($3.00/voter add-on) |
| Third-party administration | Ballots are created, distributed, collected, and counted by the platform, no board involvement in vote handling |
| Anonymity when required | Individual votes stay private from your board, candidates, and other members |
| Audit-friendly results | SHA-256 hash chain audit trail, timestamped verification records, PDF/CSV export |
Additional Features Maryland Communities Need
Beyond HB 1534 compliance, vote.direct provides:
- Voter roster enforcement: upload your membership CSV and only eligible owners can vote
- Real-time quorum tracking: see participation percentage live, with automatic reminders to non-voters
- Mail-in ballot support: for members who prefer paper, physical ballots count alongside digital votes
- Proxy voting: if your governing documents allow proxies, the platform supports designated proxy voting
- Automatic results: no hand-counting delay for browser ballots; export the tally for human review
Frequently Asked Questions
Does HB 1534 apply to my community?
If your community is governed by the Maryland Homeowners Association Act (Md. Real Property Code §11B-101 et seq.) or the Maryland Condominium Act (Md. Real Property Code §11-101 et seq.), then yes. This covers virtually all HOAs and condominiums in Maryland.
What happens if we don't comply?
HB 1534 does not specify criminal penalties for non-compliance, but elections conducted without an independent party could be challenged by any member. A court could void the election results and require a new vote, creating significant disruption and legal costs for the association.
Can our property manager still be involved?
Your property manager can assist with logistics (sending notices, maintaining the voter roster, etc.), but they cannot serve as the independent party who oversees the election. The actual administration, ballot distribution, collection, counting, and certification, must be handled by a qualifying independent party.
How much does it cost to use an online voting platform?
At vote.direct, pricing is flat rate per election with no setup fees:
- 1–50 voters: $4.99 per election (email + SMS included)
- 51–100 voters: $9.99 per election (email + SMS included)
- 101–200 voters: $19.99 per election (email + SMS included)
- 201–550 voters: $69.99 per election (email + SMS included)
- Government ID: $3.00/voter add-on (recommended for contested elections)
A 150-unit community running an annual board election would cost $19.99 total.
When does HB 1534 take effect?
October 1, 2025. Any election held on or after that date must comply with the new requirements.
Can we still hold in-person elections?
Yes. HB 1534 does not prohibit in-person voting. However, the election must still be overseen by an independent party, and in-person voting alone typically results in lower participation. Many communities combine in-person and online voting to maximize participation while meeting the independent party requirement.
Timeline: Getting HB 1534 Compliant
| When | What to Do |
|---|---|
| Today | Audit your current election process and identify gaps |
| 6 months before election | Choose your independent party (platform, owner, or other) |
| 4 months before | Update governing documents if needed (bylaw amendment) |
| 2 months before | Communicate changes to homeowners |
| 30 to 60 days before | Send election notice. Md. Real Property §11B-111 requires reasonable notice; check your bylaws for the specific timeframe (30–60 days is a common best practice) |
| Election day | Conduct election through independent party |
| After election | Archive the audit trail and final results |
The Bottom Line
Maryland HB 1534 is not optional. Since October 2025, every HOA and condominium election in the state must be administered by an independent party. The easiest, most cost-effective way to comply is with a third-party online voting platform that provides everything a defensible election needs: verifiable voter identity, third-party administration, anonymity, and audit-friendly results.
vote.direct was built for exactly this. Build your next election and send yourself a free test ballot first, starting at $4.99 per election.
Sources
- 1Maryland HB 1534 (2025), enacted as SB 758 / Chapter 512 (effective October 1, 2025): Independent election administration for HOAs and condominiums
- 2Maryland Real Property Code §11B-101 et seq.: Maryland Homeowners Association Act
- 3Maryland Real Property Code §11B-118: Election administration by an independent party (HOAs)
- 4Maryland Real Property Code §11B-111: Meeting and notice requirements
- 5Maryland Real Property Code §11B-113.2: Electronic transmission of votes and proxies
- 6Maryland Real Property Code §11-101 et seq.: Maryland Condominium Act
- 7Maryland Real Property Code §11-109(c)(17)–(22): Election administration by an independent party (condominiums)
This article is general information, not legal advice. We recommend you do your own research and confirm anything you plan to act on. Where this article states law, the section is cited so you can read the primary source yourself rather than take our word for it — that is what the citations are for. Election requirements also turn on your own governing documents, which we have not seen, and statutes are amended. For advice about your community, consult a qualified attorney licensed in your state.
We work hard to verify every citation against the primary source, but laws change and errors happen. If you spot an inaccuracy, email [email protected] and we will correct it. See our editorial standards for how these pages are researched and checked.
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Related Resources
Free: HOA Election Checklist
A step-by-step, 7-phase checklist covering notice requirements, quorum rules, ballot secrecy, and audit trail documentation. Includes state-specific notes for FL, CA, TX, CO, VA.
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