HOA Voting Rules in Massachusetts

Yes. MGL c. 183A §24(c) provides that the governing body may allow unit owners to vote on any matter by mail-in ballot or electronic means, provided a quorum of unit owners is present for the vote, and §24(b) lets the annual or special meeting itself be held without physical presence. Section 24(a) applies notwithstanding anything to the contrary in a master deed, declaration of trust or by-laws for governing-body meetings; the unit-owner voting power in (c) is exercised by the governing body under its rule-making authority in the governing documents. Many Massachusetts condominiums are structured as trusts, so read the declaration of trust alongside §24, and consult your association attorney.

Massachusetts condominiums are often organized as condominium trusts rather than corporations or nonprofits. This means governance rules may be found in the declaration of trust and master deed rather than traditional bylaws. The voting rules in these documents determine how elections can be conducted.

Election challenges are handled through civil litigation in Superior Court. Trustees have fiduciary duties to unit owners, and election irregularities can lead to court-ordered new elections. Comprehensive documentation of election procedures and results, as provided by vote.direct, is essential evidence in any challenge.

Quorum in Massachusetts: Governed by the master deed, declaration of trust and by-laws — MGL Ch. 183A sets no default quorum, and for a condominium incorporated under MGL Ch. 180 the by-laws "determine ... the number of members which shall constitute a quorum" (MGL c. 180, §6A). Two statutory rules apply on top of whatever number the documents set. Under MGL c. 183A §24, unit owners who attend by telephonic or video conference call or other interactive electronic communication count toward quorum — "Participation by electronic means shall satisfy quorum requirements" — and a vote taken by mail-in ballot or electronic means still requires that "a quorum of unit owners shall be present for the vote." If a vote falls short, most bylaws allow the meeting to be adjourned and reconvened, often at a reduced threshold on the second attempt. Check your declaration for the exact procedure, because the fallback rule is usually in your governing documents rather than in statute. Online voting is the most direct fix: members vote from a phone or laptop instead of attending in person, and Vote.Direct tracks quorum progress live and reminds the members who haven't voted yet.

Massachusetts sets no statutory meeting-notice period for condominiums. MGL Ch. 183A §11 lists what the by-laws of the organization of unit owners must contain — maintenance and repair of the common areas, collection of common expenses, hiring of personnel, administrative rules, use restrictions — and notice is not on that list, so the master deed, declaration of trust and by-laws are where the notice period lives. For a condominium incorporated under MGL Ch. 180, §6A says the same in terms: "a corporation may by its by-laws determine the manner of calling and conducting its meetings." The one notice duty the statute itself imposes is for remote meetings: under MGL c. 183A §24(b), when the governing body holds an annual or special meeting of the unit owners where physical presence is not required, it "shall notify all unit owners of such meetings and provide access information for participation in such meetings." Your governing documents can require more notice than the statutory floor, never less. Count the notice window backwards from your meeting date before you open voting, and keep a copy of the notice and its delivery date with the election record.

The Massachusetts Condominium Act contains no proxy provision — the word does not appear anywhere in MGL Ch. 183A. Where the organization of unit owners is incorporated under MGL Ch. 180, that chapter supplies the rule: "Unless the corporation's articles of organization or by-laws otherwise provide, a member may vote in person or by proxy. No proxy dated more than six months before the meeting named therein shall be valid and no proxy shall be valid after the final adjournment of such meeting" (MGL c. 180, §6A). A Massachusetts proxy is therefore short-lived: six months from its date, and spent once the meeting it names finally adjourns. MGL c. 183A §10 lets a condominium be organized as a corporation, a trust, or an unincorporated association, and many Massachusetts condominiums are trusts — for those the master deed, declaration of trust and by-laws set the proxy rules and §6A does not reach them. Online voting lets every unit owner vote directly instead of finding a proxy holder before a six-month clock runs out. Proxies exist mainly to solve an attendance problem. When members can cast a verified ballot online during a multi-day voting window, most communities find proxy use drops sharply, along with the disputes about whether a given proxy was valid.