Is Online HOA Voting Legal in Virginia?

Yes – but Virginia is really two layers of law working together, not one:
• Property Owners’ Association Act: §55.1-1832
• Condominium Act: §55.1-1935
• Condominium Act: §55.1-1953
The Property Owners’ Association Act and Condominium Act permit electronic voting, signatures, and notice by default, unless a community’s own declaration expressly prohibits it – and for condos, the executive board also has to adopt guidelines for electronic voting before unit owners can use it at a meeting. Most Virginia HOAs and condos are also incorporated as Virginia nonstock corporations, and the Nonstock Corporation Act has its own electronic-ballot provision (§13.1-847.1) that layers a board-authorization requirement on top.

What Virginia Law Requires

Under the POAA and Condo Act, notices, signatures, votes, and approvals can all be handled electronically unless the declaration says otherwise. For condos specifically, the executive board also has to adopt guidelines for electronic voting before unit owners can use it at a meeting – unit owners can still vote in person, by proxy, or by absentee ballot either way (§55.1-1953). If a vote is supposed to be by secret ballot, the electronic method has to actually protect the voter’s identity, or the association has to use a different method instead, and any owner who doesn’t have the capability or desire to participate electronically has to be offered a reasonable alternative, at the association’s expense. But because most associations are also Virginia nonstock corporations, §13.1-847.1 of the Nonstock Corporation Act adds a specific requirement for board elections conducted by written ballot: the board of directors has to authorize electronic transmission of that ballot before it counts, and the transmission has to include information showing it actually came from the member or their proxy. A revised version of this section takes effect January 1, 2027, so it’s worth a fresh look if your association’s election falls after that date.

Does Vote HOA Now’s Platform Conform?

Yes. The platform keeps a retained voting record and verifies that electronic ballots actually came from the member or their proxy, as the Nonstock Corporation Act requires. The platform can also run electronic ballots as anonymous votes if required.

Have We Run Elections in Virginia?

Vote HOA Now serves HOA and condo associations across Virginia. Our team includes former community managers and we’ve worked directly with attorneys across Virginia on exactly this kind of compliance question.

Frequently Asked Questions

Is online HOA voting legal in Virginia?

Yes - under Va. Code §55.1-1832 (Property Owners' Association Act) and §55.1-1935 (Condominium Act), electronic voting is allowed by default unless a community's declaration expressly prohibits it; for condos, the executive board also has to adopt guidelines for electronic voting under §55.1-1953 before unit owners can use it at a meeting.

Do we need a board resolution before voting online in Virginia?

For condos, yes in one sense - §55.1-1953 requires the executive board to adopt guidelines for electronic voting before unit owners can use it at a meeting. Separately, most Virginia associations, HOA and condo alike, are also incorporated as Virginia nonstock corporations, and the Nonstock Corporation Act (§13.1-847.1) requires the board to authorize electronic transmission of a written ballot before it counts in a board election.

What if a homeowner doesn't want to vote online?

Virginia law requires the association to make a reasonable non-electronic alternative available, at the association's expense, for any owner who doesn't have the capability or desire to vote electronically.

Is there a new Virginia law taking effect soon?

Yes - an updated version of the Nonstock Corporation Act's voting-procedures section (§13.1-847.1) takes effect January 1, 2027, so associations with elections after that date should check the current requirements.

Has Vote HOA Now run elections in Virginia?

Yes - we serve HOA and condo associations throughout Virginia.

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