HOA Voting Rules in Rhode Island

Yes, and specifically so since June 24, 2025. Notwithstanding anything to the contrary in the declaration or bylaws, R.I. Gen. Laws §34-36.1-3.08(c) lets an association hold annual or special meetings of the unit owners, and regular or special meetings of the executive board, fully or partially by telephonic or video conference or other interactive electronic communication, so long as all participants can communicate simultaneously; presence by those means satisfies the quorum and voting requirements of the governing documents and of §§34-36.1-3.09 and 34-36.1-3.10. Once a quorum is established, §34-36.1-3.08(d) lets the unit owners vote on any action before the membership by electronic means, expressly including electronic voting platforms, as the executive board determines. Where the governing documents require a signature for voting or proxies, owners may submit signatures electronically.

Under R.I. Gen. Laws §34-36.1-3.09(a), the default quorum is 20% of the votes which may be cast for election of the executive board, present in person or by proxy at the beginning of the meeting, unless the BYLAWS provide otherwise — the override is in the bylaws, not the declaration. There is no statutory reduced quorum on adjournment, so a failed meeting has to be re-noticed. Online voting through vote.direct can help achieve quorum, especially for seasonal communities where members may be absent for portions of the year.

Rhode Island HOA disputes are typically resolved through civil litigation in Superior Court. Some governing documents may require mediation or arbitration. Having comprehensive election documentation from vote.direct provides essential evidence if an election is challenged.

Quorum in Rhode Island: Under R.I. Gen. Laws §34-36.1-3.09(a), unless the bylaws provide otherwise, a quorum is present throughout any association meeting if persons entitled to cast twenty percent (20%) of the votes which may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting. Board quorum is fifty percent unless the bylaws specify a larger percentage. The Condominium Act has no reduced-quorum or adjournment rule, so a meeting that fails for lack of a quorum has to be re-noticed. Planned communities are not covered by the Condominium Act; an HOA incorporated under the Rhode Island Nonprofit Corporation Act instead follows §7-6-21, where the bylaws may set the quorum and, in the absence of any provision, members holding one-tenth (1/10) of the votes entitled to be cast constitute a 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 ten nor more than sixty days in advance of any meeting, the secretary or other officer specified in the bylaws must cause notice to be hand delivered or sent prepaid by United States mail to the mailing address of each unit, or to any other mailing address the unit owner designates in writing (R.I. Gen. Laws §34-36.1-3.08(a)). The notice must state the time and place of the meeting 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 officer. Since June 24, 2025, §34-36.1-3.08(e) also allows notice to be delivered by email, or by posting to a secure association website or portal, where the owner has designated an address in writing and consented in writing to electronic delivery — and an owner may revoke that consent in writing at any time. Where participation by electronic means is offered, the notice must additionally identify the remote platform and give all unit owners the access information. Section 34-36.1-3.08 reaches condominiums created before July 1, 1982 as well as those created after (§34-36.1-1.02(a)(2)). 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.

Rhode Island permits proxy voting for condominiums. Votes allocated to a unit may be cast under a proxy duly executed by the unit owner; a proxy is void if it is not dated or purports to be revocable without notice, and it terminates one year after its date unless it specifies a shorter term. An owner may revoke a proxy only by actual notice of revocation to the person presiding over the meeting (R.I. Gen. Laws §34-36.1-3.10(b)). Proxies are not barred in board elections. Since June 24, 2025, §34-36.1-3.08(d) lets unit owners submit their signatures electronically, as the executive board determines, wherever the declaration or bylaws require a signature for voting or for proxies. An HOA that is not a condominium and is incorporated under the Rhode Island Nonprofit Corporation Act instead follows §7-6-20(b), under which no proxy is valid after eleven (11) months from the date of its execution unless the proxy provides otherwise. 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.