Important Note: Every community association operates under its own governing documents, and different rules may apply based on state law, bylaws, articles of incorporation, type of association (homeowner association or condominium), and even when the association was created. As a result, this article provides a general discussion of voting methods but is not legal advice. If your association needs guidance on a specific situation, consult one of the community association attorneys at Law Firm Carolinas.
We often get questions about how community association membership meetings can vote before, during, and after meetings. With statutory changes made during the past few years, there are now several options—so many that it can get confusing. Below is a summary of common voting methods and their requirements for homeowner and condominium associations holding annual or special membership meetings. These methods follow the NC Nonprofit Corporation Act (NCGS Chapter 55A) and related statutes.
1. In-Person Meetings
The traditional way of conducting an association meeting still works. Members attend in person and cast their votes during the meeting. If a member cannot attend, they can send a proxy—a written authorization allowing someone else at the meeting to vote on their behalf.
Key rules for in-person meetings:
- Quorum requirements: A certain number of members must be present for a vote to count. Unless otherwise provided in the bylaws, quorum is often 10% of the votes for planned communities and 20% of the votes for condominiums.
- Proxy voting: Unless prohibited by the bylaws, members can typically authorize another person to attend and vote for them.
2. Virtual Meetings
Since COVID, associations can now hold virtual membership meetings, often using platforms like Zoom. Voting in these meetings can vary depending on the association’s size due to practicalities:
- Smaller associations can vote by raising hands on camera or using Zoom’s voting feature.
- Larger associations usually need a separate electronic voting system, as Zoom voting can be impractical.
NC State law allows virtual meetings (by “remote communication”) if the association verifies that those participating are members and provides them a reasonable opportunity to participate in the meeting and to vote on matters.
Note: It is possible to have a virtual meeting with some members in-person, whether at a clubhouse or another location participating virtually as a group. In other words, there might be a television screen at the clubhouse where 10 people are gathered and another 20 participating virtually from their homes. Don’t think of this as an in-person meeting. It’s a VIRTUAL meeting where some members are gathered in one location. Any voting should be done by everyone using the same voting platform.
3. Hybrid Option – Virtual Meeting with Written Ballots Following the Meeting
A popular approach combines a virtual meeting with voting by written ballot after the meeting. This method has several benefits:
- Virtual meetings encourage higher attendance and allow for full discussion.
- Avoiding real-time electronic voting reduces complications.
In this model, the association announces a virtual meeting but notes that all formal decisions—such as officer elections and budget ratification—will be made through a written ballot sent out afterward.
Key rules for written ballots:
- The ballot must allow members to vote for or against each proposal.
- It must include a deadline for submission, after which ballots will not be counted.
- Enough ballots must be received to meet quorum requirements.
Ballots can be mailed to owners or sent by electronic means (if the owner has consented to transact business electronically with the association). Once mailed, the ballots can also be sent via email attachment and possibly even sent a second time (by mail or email attachment) by the association to members who have not responded.
Once submitted, written ballots cannot be revoked.
4. Electronic Voting Without a Meeting
Another option is electronic voting that happens entirely outside of a meeting. This method was authorized during COVID but is more complicated.
For an association to conduct electronic voting without a meeting, the law requires:
- Member consent: Members must have previously agreed in writing to conduct business with the association electronically.
- Quorum requirements: Enough members must vote electronically to meet the same quorum rules as an in-person meeting.
- Fair process: The voting deadline must be clear, and the voting method must allow members to cast their votes securely.
Since not all members have likely consented to electronic voting, this method often requires a mix of both electronic and written ballots, making it more complicated than other options. As a result, we seldom see votes conducted only by electronic voting without a meeting.
5. Notice Requirements for All Meetings
For any membership meeting—whether in person, virtual, or hybrid—members must receive advance notice.
- For homeowner associations subject to the NC Planned Community Act or condominium subject to the NC Condominium Act, notice to members must be sent at least 10 days before the meeting and no more than 60 days in advance.
- The notice must include the date, time, and location of the meeting.
- If it’s a special meeting, the notice must also include the purpose of the meeting.
- Members who have agreed to electronic communication may receive the notice by email.
6. Proxies
A proxy is essentially a power of attorney granted by a member to another individual, authorizing them to attend a meeting and act on the member’s behalf. While state statutes encourage the use of proxies, they do not require associations to distribute proxy forms to members or to adopt a standardized format—unless the association’s bylaws provide otherwise. That said, proxies are frequently used to help establish a quorum and facilitate voting at meetings.
There are actually five different types of proxies: general, directed, limited, limited directed, and quorum proxies. The most common and easiest to use is the general proxy. For more details, refer to page 94 of my book, Robert’s Rules of Order Fast Track.
While a proxy could theoretically be used for any type of meeting or vote—including ballot votes distributed to all members—it’s generally unnecessary. In most cases, the member can simply complete and return the ballot themselves. Proxies in those situations are typically only used under unusual circumstances, such as extended travel or military deployment. In practice, proxies are almost always reserved for in-person membership meetings.
Final Thoughts
Association voting rules can be complicated, and different associations may have additional rules in their bylaws or governing documents. If you’re unsure about the best voting method for your association, it’s always a good idea to consult with an attorney who regularly practices community association law.
By following these guidelines, your association can ensure fair, legal, and efficient voting—no matter what format you choose!