HOA Voting Rules in Oregon

Yes, explicitly, in both acts. ORS 94.661 and ORS 100.428 are each titled "Electronic ballot" and provide that, unless the declaration or bylaws prohibit it or provide other methods, the board may in its discretion provide that a vote, approval or consent of an owner may be given by electronic ballot — defined to include email, fax, posting on a website, or other means of electronic communication acceptable to the board. A vote is effective when electronically transmitted to the address or system the board designates, and unless the governing documents or board rules say otherwise it may not be revoked. The board may not elect to use electronic ballots without procedures ensuring compliance with the written-ballot secrecy provisions of ORS 94.647(2)(b) or ORS 100.425(2)(b) where those apply, and ensuring the ballot is secret if the governing documents require secrecy.

Oregon has two main statutes: the Condominium Act (ORS Ch. 100) for condominiums and the Planned Community Act (ORS §94.550 et seq.) for planned communities. Both provide governance frameworks including a 10-to-50-day meeting notice (ORS 94.650, ORS 100.407), a 20 percent default quorum with a reduced quorum on adjournment (ORS 94.655, ORS 100.408), a one-year cap on proxies (ORS 94.660, ORS 100.427), and express authority for electronic ballots (ORS 94.661, ORS 100.428).

Many Oregon communities have members who live elsewhere for part of the year (seasonal residents, snowbirds). vote.direct enables verified online voting from anywhere, with automated reminders and a flexible voting period, ensuring all eligible members can participate regardless of location.

Quorum in Oregon: Both acts set a statutory quorum. Under ORS 94.655(1), unless the declaration or bylaws of a homeowners association specify a greater percentage, a quorum for any association meeting is the number of persons entitled to cast 20 percent of the votes in the planned community; ORS 100.408(1) is the same 20 percent for condominiums unless the bylaws specify a greater percentage. If a meeting cannot be organized for lack of a quorum, the owners present in person or by proxy may adjourn from time to time, and the quorum for the follow-up meeting drops to the greater of one-half the quorum required in the declaration or bylaws or 20 percent of the votes — but only if the meeting is adjourned to a date at least 48 hours out, or the original meeting notice stated that the quorum would be reduced and by how much. A person holding a proxy, and an absentee ballot where absentee ballots are permitted, each count as a present owner for quorum. 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.

Not less than 10 nor more than 50 days before any owners' meeting, the secretary or other officer specified in the bylaws must cause notice to be hand delivered or mailed to each owner's mailing address, or to the address the owner designates in writing, and to all mortgagees that have requested it (ORS 94.650(4) for planned communities, ORS 100.407(4)(a) for condominiums). The notice must state the date, time and place and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes and any proposal to remove a director or an owner-elected officer. At the board's discretion that notice may instead be given by email, fax or other electronic communication under ORS 94.652 and ORS 100.423 — except for notice of a failure to pay an assessment, a lien foreclosure, or an action the association may take against an owner — and any owner may decline electronic notice and require the ordinary method. The meeting itself may be held electronically if all participating owners can hear each other simultaneously, the association can verify that each participant is an owner, and owners have access to the materials needed to participate or vote; a person participating that way is considered present for all purposes. 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.

Oregon permits proxy voting under both acts, and both cap it identically. A proxy must be dated and signed by the owner, is not valid if it is undated or purports to be revocable without notice, and terminates one year after its date unless the proxy specifies a shorter term (ORS 94.660(2)(a) for planned communities, ORS 100.427(2)(a) for condominiums). The board may not require a proxy to be on a form the board prescribes, and a copy delivered to the association by fax, email or other electronic communication the board uses is valid. An owner may revoke a proxy only by actual notice of revocation to the person presiding over the meeting, or to the board if the vote is by written ballot in lieu of a meeting under ORS 94.647 or ORS 100.425. Proxies are not barred in board elections. Because ORS 94.661 and ORS 100.428 let a board take votes by electronic ballot outright, most Oregon associations no longer need proxies to reach quorum. 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.