HOA Meetings and Elections: Attending, Speaking, Quorum and Proxies

Most of what an HOA board decides, from budgets to fines, happens at a meeting. Whether homeowners can sit in, speak, record, or vote by proxy is set mainly by state law, alongside the bylaws, CC&Rs and the state's nonprofit corporation law.

This guide uses Florida, California, Texas and Virginia as examples and links to a guide for every state. For your specific situation, a licensed attorney in your state is the right resource. This is general information, not legal advice.

Can homeowners attend HOA board meetings?

In the example states, yes, with a short list of exceptions. Florida's Fla. Stat. § 720.303(2)(a) says "Meetings of the board must be open to all members," and a meeting occurs "whenever a quorum of the board gathers to conduct association business." The rule also reaches committees that make final spending decisions or rule on architectural requests for a specific home.

• California: Cal. Civ. Code § 4925(a) says "Any member may attend board meetings, except when the board adjourns to, or meets solely in, executive session," and under § 4910(a) the board "shall not take action on any item of business outside of a board meeting."
• Texas: Tex. Prop. Code § 209.0051(c) says "Regular and special board meetings must be open to owners." Some board action can happen outside a meeting, but § 209.0051(h) reserves items such as fines, assessment increases, special assessments and the annual budget for "an open meeting for which prior notice was given to owners."
• Virginia: Va. Code § 55.1-1816(A) makes board and committee meetings "open to all members of record," and the board "shall not use work sessions or other informal gatherings" to get around that.

How much notice of an HOA meeting is required?

• Florida (§ 720.303(2)(c)): board meeting notices must "specifically identify agenda items" and be posted "at least 48 hours in advance of a meeting," or mailed or delivered 7 days ahead. Meetings on special assessments or parcel-use rule changes need notice "not less than 14 days before the meeting."
• California (§ 4920): notice "at least four days before the meeting," including the agenda; two days for a meeting held solely in executive session.
• Texas (§ 209.0051(e)): notice mailed "not later than the 10th day or earlier than the 60th day" before the meeting, or posted 144 hours before a regular meeting (72 hours for a special one) and emailed to owners with a registered email address.

Can homeowners speak at HOA meetings?

Florida's § 720.303(2)(b) says the right to attend board meetings "includes the right to speak at such meetings with reference to all designated items," subject to written reasonable rules such as a sign-up sheet. At membership meetings, § 720.306(6) gives members "the right to speak for at least 3 minutes on any item."

California's § 4925(b) says "The board shall permit any member to speak at any meeting of the association or the board," outside executive session and subject to a reasonable time limit. Virginia's § 55.1-1816(D) requires "a designated period during each meeting to allow members an opportunity to comment on any matter relating to the association," which can be limited to agenda topics at special meetings. The text of Texas's § 209.0051 does not set out an owner comment period, so the bylaws and board rules generally govern there.

Can I record an HOA meeting?

Florida's § 720.306(10) says "Any parcel owner may tape record or videotape meetings of the board of directors and meetings of the members," and the board may adopt "reasonable rules governing the taping." Virginia's § 55.1-1816(B) says "Any member may record any portion of a meeting that is required to be open," subject to board rules on equipment placement and giving notice of the recording.

The California and Texas sections quoted here do not address recording; where the HOA statute is silent, the answer may turn on the governing documents, board rules and other state law. Written minutes are a separate record; the HOA records requests guides explain how owners generally obtain them.

What is an HOA executive session?

An executive (closed) session is the part of a meeting owners cannot attend, and statutes limit what it can cover:

• Florida (§ 720.303(2)(b)): meetings with the association's attorney "to discuss proposed or pending litigation" and meetings "for the purpose of discussing personnel matters."
• California (§ 4935): litigation, third-party contracts, member discipline, personnel, or a member's requested meeting about assessment payments. A member facing discipline can ask for an executive session and "shall be entitled to attend," and topics "shall be generally noted in the minutes" of the next open meeting.
• Texas (§ 209.0051(c)): personnel, litigation, contract negotiations, enforcement actions, attorney communications and owner privacy. Afterward, "any decision made in the executive session must be summarized orally and placed in the minutes."
• Virginia (§ 55.1-1816(C)): the board votes in open meeting to go into executive session and states the purpose, and any action only takes effect after a vote back in open meeting.

HOA elections, quorum and proxies

A quorum is the minimum participation needed for a vote to count. Florida's § 720.306(1)(a) says "Unless a lower number is provided in the bylaws," a members' meeting quorum "shall be 30 percent of the total voting interests." In California, a quorum for these elections "shall be required only if so stated in the governing documents or other provisions of law" (§ 5115(d)(1)). If a director election misses a quorum required by the governing documents or Corporations Code § 7512 (part of the state's nonprofit corporation law), § 5115(d)(2) allows a reconvened meeting at least 20 days later with a quorum of "20 percent of the association's members."

A proxy authorizes someone else to vote for a member. Florida's § 720.306(8) gives members the right "to vote in person or by proxy" unless the governing documents say otherwise; a proxy must be dated and signed, "is effective only for the specific meeting for which it was originally given," and "is revocable at any time." California's § 5130(b) says "Proxies shall not be construed or used in lieu of a ballot," and under § 5130(c) the proxyholder "shall cast the member's vote by secret ballot." Texas's § 209.00592(a-1) says an owner "must be allowed to vote by one of the following voting methods": absentee ballot, proxy, or electronic ballot.

Election mechanics differ too. California's § 5100(a) requires secret ballots for director elections and several other member votes, and Texas's § 209.0058 generally requires a vote in a board election to be "in writing and signed by the member," with exceptions such as uncontested races and association secret-ballot rules. In Florida, "Any challenge to the election process must be commenced within 60 days after the election results are announced" (§ 720.306(9)(a)).

Can an HOA stop you from voting if you're delinquent?

Florida allows it, with limits. Under § 720.305(4), "An association may suspend the voting rights of a parcel or member for the nonpayment of any fee, fine, or other monetary obligation due to the association that is more than 90 days delinquent." Suspended votes are subtracted when counting quorum and approvals, and "The suspension ends upon full payment of all obligations currently due or overdue to the association." Each suspension must "be approved at a properly noticed board meeting," followed by written notice (§ 720.305(5)). A person delinquent on the last day to be nominated also "may not seek election to the board" (§ 720.306(9)(b)).

California protects the ballot. Election rules must "Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed" (§ 5105(h)(1)). Running for the board is different: an association "may disqualify a person from nomination for nonpayment of regular and special assessments, but may not disqualify a nominee for nonpayment of fines" (§ 5105(d)), and not if the person paid under protest or is current on a payment plan.

Texas voids voting bars in the governing documents. Section 209.0059(a) says a dedicatory-instrument provision "that would disqualify a property owner from voting in a property owners' association election of board members or on any matter concerning the rights or responsibilities of the owner is void."

Whether a particular suspension or disqualification was valid depends on the statute, the governing documents and how the association handled it.

How this works in other states

Other states range from detailed statutes to very little. The guides to attending HOA meetings in Florida, California, Texas and Virginia go deeper, and the HOA meetings topic page and HOA laws by state cover the rest. Related: HOA board duties and removal and HOA bylaws, CC&Rs and rules.

Frequently asked questions

Where does an HOA open meeting law come from?

The open-meeting rules in this guide come from state HOA or common-interest statutes, layered with the association's bylaws, CC&Rs and state nonprofit corporation law, so the details depend on where the property is located.

Can the board hold a meeting by email to avoid owners?

The example states restrict this. Florida board members "may not cast a vote on an association matter via e-mail" (§ 720.303(2)(a)), and California bars board meetings "via a series of electronic transmissions" except emergency meetings with every director's written consent (§ 4910(b)).

What happens to an HOA election without a quorum?

In Florida, if there are no more qualified candidates than open seats and floor nominations are not required, those candidates take office "regardless of whether a quorum is attained" (§ 720.306(9)(a)). In California, a director election that misses its quorum can be reconvened with a 20 percent quorum under § 5115(d)(2). Otherwise the bylaws generally control, and a licensed attorney can review a specific election.

Can HOA board members vote by proxy or secret ballot?

In Florida, "Directors may not vote by proxy or by secret ballot at board meetings, except that secret ballots may be used in the election of officers" (§ 720.303(2)(c)3.). Virginia's § 55.1-1816(B) says "Except for the election of officers, voting by secret or written ballot in an open meeting shall be a violation of this chapter." In other states, the answer depends on the state statute and the association's bylaws.

Sources

• Fla. Stat. § 720.303 — Association powers and duties; meetings of board
• Fla. Stat. § 720.305 — Obligations of members; suspension of voting rights
• Fla. Stat. § 720.306 — Meetings of members; voting and election procedures
• Cal. Civ. Code § 4910 — Board action outside a meeting
• Cal. Civ. Code § 4920 — Notice of board meetings
• Cal. Civ. Code § 4925 — Member attendance and speaking
• Cal. Civ. Code § 4935 — Executive session
• Cal. Civ. Code § 5100 — Secret-ballot elections
• Cal. Civ. Code § 5105 — Election rules; candidate qualifications
• Cal. Civ. Code § 5115 — Election notice, ballots and quorum
• Cal. Civ. Code § 5130 — Proxies
• Tex. Prop. Code § 209.0051 — Open board meetings
• Tex. Prop. Code § 209.0058 — Ballots
• Tex. Prop. Code § 209.0059 — Right to vote
• Tex. Prop. Code § 209.00592 — Voting; quorum
• Va. Code § 55.1-1816 — Meetings of the board of directors