Yes – and Arizona’s actual online-voting statute is easy to miss because it isn’t in the community-association law at all:
• Nonprofit Corporation Act: A.R.S. §10-3708
• Planned Communities Act (HOAs): A.R.S. §33-1812
• Condominium Act: A.R.S. §33-1250
Nearly every Arizona HOA and condo is also incorporated as an Arizona nonprofit corporation, and it’s the Nonprofit Corporation Act that lays out the detailed requirements for an online voting system – identity authentication, tamper-evident ballots, receipts, and retained records for recount. The Title 33 statutes layer a few community-specific rules on top of that, most notably a strict limit on proxy voting.
What Arizona Law Requires
Under §10-3708, an association may deliver a written ballot through an online voting system, but only after giving members notice that a vote will be conducted electronically, and only if that system authenticates each member’s identity, ensures a vote isn’t altered in transit, sends a receipt, and stores votes for recount and inspection. That notice also has to spell out a reasonable alternative way to vote (mail or fax) for anyone who’d rather not vote online. Title 33 then adds community-specific rules on top: once developer (declarant) control ends, proxy voting for board elections is prohibited outright – one of the stricter rules among the states on this list – and any ballot delivered by mail, email, or fax has to identify the proposed action, specify a deadline at least seven days out, and be retained for at least a year after the election. Votes cast electronically count toward quorum either way.
Does Vote HOA Now’s Platform Conform?
Yes, to both layers. The platform meets §10-3708’s identity-authentication, tamper-evidence, receipt, and record-retention requirements for the online voting system itself, and separately meets Title 33’s ballot-content, deadline, and one-year retention rules. Because Arizona bans proxy voting for board elections after declarant control ends, we also help associations keep electronic ballots and proxy authorizations clearly separated – a distinction that matters more here than in states where proxy voting is still allowed.
Have We Run Elections in Arizona?
Vote HOA Now serves HOA and condo associations across Arizona. Our team includes former community managers who understand why Arizona’s rules sit across two different statutes – and how to run a compliant election that satisfies both, not just a generic online ballot.
Always consult qualified legal counsel in your jurisdiction before relying on any information presented. Laws and regulations vary by jurisdiction, and some materials may not apply in yours.