HOA Voting Rules in Montana

Montana's condominium statute is silent on electronic voting, but most Montana HOAs are incorporated under the Nonprofit Corporation Act, and there the law is not silent. MCA §35-2-533(1) lets an association take any action that could be taken at a members' meeting without a meeting, by delivering a written ballot to every member entitled to vote, and MCA §35-2-533(2) lets the corporation deliver that ballot by electronic communication as long as the member consents. Since 2021, MCA §35-2-525 and §70-23-309 also let an HOA or unit-owners' association hold a meeting by remote means unless its articles, bylaws or declaration say otherwise. Given Montana's vast geography and rural character, that is a practical solution for communities where members may live far from meeting locations.

Montana condominiums are governed by the Unit Ownership Act (MCA §70-23-101 et seq.). HOAs organized as nonprofits follow the Montana Nonprofit Corporation Act (MCA §35-2-113 et seq.; the old §35-2-101 was renumbered to §35-2-113). Planned communities are primarily governed by their declarations and bylaws. Montana does not have a comprehensive planned community act.

Montana's large distances make in-person meetings difficult for many communities. vote.direct enables verified online voting that allows members to participate from anywhere, with email reminders and a flexible voting period. This is particularly valuable for resort and seasonal communities across the state.

Quorum in Montana: For condominiums, MCA §70-23-308(2) requires the bylaws to state a quorum percentage only if it is other than a majority, so the statutory default is a majority as defined in MCA §70-23-102(13) — owners of more than 50% in the aggregate of the undivided ownership interests in the general common elements. For an HOA incorporated under the Montana Nonprofit Corporation Act, MCA §35-2-537(1) sets a 10% default quorum unless the articles or bylaws provide for a higher or lower number, and MCA §35-2-537(4) limits an annual or regular meeting to the matters described in the meeting notice unless one-third or more of the voting power is present in person or by proxy. 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.

The Unit Ownership Act leaves the method of calling meetings to the bylaws (MCA §70-23-308(2)). For an HOA incorporated under the Montana Nonprofit Corporation Act, MCA §35-2-530(3)(a) makes notice fair and reasonable if the corporation tells members the place, date and time of each annual, regular and special meeting not less than 10 days before the meeting date — or, if notice is mailed by certified mail, not less than 30 and not more than 60 days before it. Notice of a special meeting must describe the matters for which the meeting is called. 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.

Montana's Unit Ownership Act contains no proxy provision, so for a condominium the rule comes from the declaration and bylaws. For the many Montana HOAs incorporated as nonprofit corporations, MCA §35-2-539 governs: unless the articles or bylaws prohibit or limit proxy voting, a member may appoint a proxy by signing an appointment form. The appointment is valid for 11 months unless a different period is expressly provided in the form, and a proxy is never valid for more than 3 years from its date of execution. A proxy is revocable by the member, and is revoked automatically if the member attends a meeting and votes. 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.