A.R.S. § 33-1812 explains when proxies and absentee ballots may be used in HOA elections and how they must be handled. Our dataset tracks 21 administrative cases citing this statute, with homeowners prevailing in 10 cases and associations in 12 cases (47.6% homeowner win rate). Use the summaries and filters below to see how judges apply these rules in real disputes.
Total Cases21
Homeowner Case Wins10
HOA Case Wins12
Homeowner Win Rate47.6%
📜 Relevant Arizona Revised Statutes
A.R.S. § 33-1812
Proxies; absentee ballots; definition
33-
1812. Proxies; absentee ballots; definition
A. Notwithstanding any provision in the community documents, after termination of the period of declarant control, votes allocated to a unit may not be cast pursuant to a proxy. The association shall provide for votes to be cast in person and by absentee ballot and, in addition, the association may provide for voting by some other form of delivery, including the use of e-mail and fax delivery. Notwithstanding section 103708 or the provisions of the community documents, any action taken at an annual, regular or special meeting of the members shall comply with all of the following if absentee ballots or ballots provided by some other form of delivery are used:
1. The ballot shall set forth each proposed action.
2. The ballot shall provide an opportunity to vote for or against each proposed action.
3. The ballot is valid for only one specified election or meeting of the members and expires automatically after the completion of the election or meeting.
4. The ballot specifies the time and date by which the ballot must be delivered to the board of directors in order to be counted, which shall be at least seven days after the date that the board delivers the unvoted ballot to the member.
5. The ballot does not authorize another person to cast votes on behalf of the member.
6. The completed ballot shall contain the name, address and signature of the person voting, except that if the community documents permit secret ballots, only the envelope shall contain the name, address and signature of the voter.
7. Ballots, envelopes and related materials, including sign-in sheets if used, shall be retained in electronic or paper format and made available for member inspection for at least one year after completion of the election.
B. Votes cast by absentee ballot or other form of delivery, including the use of e-mail and fax delivery, are valid for the purpose of establishing a quorum.
C. Notwithstanding subsection A of this section, an association for a timeshare plan as defined in section
Common Governing Documents Cited
- Allegation That Bellasera Community Association Violated And 2 By Electing Or Appointing David Redman And Dennis Carson To The Association's Board Of Directors On Or About April 15 2007. (1 cases)
- Whether Respondent Violated And Various Governing Documents By Recording An Amendment To The Master Declaration Without Holding A Physical Meeting Of The Owners. (1 cases)
- Alleged Violation Of And . (1 cases)
- A A 1 And A 2 (1 cases)
- Whether The Retention Of Electronic Voting Data Lists From A Third-party Vendor Votehoanow Satisfies The Statutory Ballot Retention Requirements Under And . (1 cases)
- Whether Sunland Springs Village Homeowners Association Violated By Failing To Retain And Make Available Electronic Ballots For Inspection Following Its February 2024 Election. (1 cases)
- Alleged Violations Of B-e And . (1 cases)
Top Respondent Firms
- (No recorded respondent firm): 11 cases
- CHDB Law LLP: 2 cases
- Burrell & Seletos: 1 cases
- Ekmark & Ekmark, LLC: 1 cases
- HENZE COOK MURPHY, PLLC: 1 cases
Top Petitioner Firms
- AZNH Revocable Trust: 1 cases
Related election workflow tool
Many HOA election disputes start with preventable workflow problems: unclear ballot language, separate-vote issues, quorum tracking, paper/online reconciliation, proxy handling, or incomplete records. HOABallot is a separate platform built to document the voting workflow from notice through certification.
Cases Involving This Violation
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