Tuesday September 22, 2026
What is ARS 33-1812?
ARS 33-1812 is the Arizona law that explains how voting works in planned communities after declarant control ends. It covers absentee ballots, proxy voting, other ways ballots may be delivered, how those votes can count toward quorum, and how long election materials must be kept. It is part of the Arizona Planned Communities Act.What does “declarant control” mean?
Under ARS 33-1812, the period of declarant control is the time when the declarant (typically the developer), or people chosen by the declarant, can elect or appoint the board through the community documents or through greater voting power (A.R.S. § 33-1812(D)).Once that period ends, the statute’s restrictions on proxy voting and its requirements for in-person and absentee voting become especially important.
ARS 33-1812 requirements
When absentee ballots or another permitted form of ballot delivery are used, ARS 33-1812 requires:- Each proposed action must appear on the ballot: Members need to be able to see each action they are being asked to vote on (A.R.S. § 33-1812(A)(1)).
- Members must be able to vote for or against each action: The ballot must give both choices for every proposed action (A.R.S. § 33-1812(A)(2)).
- The ballot is valid for one election or HOA meeting: It automatically expires when that election or meeting is complete (A.R.S. § 33-1812(A)(3)).
- Members must have at least seven days to return the ballot: The ballot must state when it is due, and that deadline must be at least seven days after the board of directors delivers the unvoted ballot (A.R.S. § 33-1812(A)(4)).
- The ballot cannot transfer the member’s vote to someone else: It cannot authorize another person to cast votes on the member’s behalf (A.R.S. § 33-1812(A)(5)).
- Voter information is generally required: The completed ballot must include the voter’s name, address, and signature. If the governing documents allow secret ballots, that information appears on the envelope instead (A.R.S. § 33-1812(A)(6)).
- Election materials must be kept for at least one year: Ballots, envelopes, and related materials must be retained electronically or on paper and made available for member inspection (A.R.S. § 33-1812(A)(7)).
- Absentee and other delivered ballots count toward quorum: This includes ballots delivered by email or fax (A.R.S. § 33-1812(B)).
Does ARS 33-1812 allow electronic voting?
Yes, ARS 33-1812 can allow associations another way to deliver ballots in addition to in-person and absentee voting. The law specifically mentions email and fax as examples. That does not mean every association has to offer electronic voting. If one does, the ballot still needs to follow the requirements in ARS 33-1812 for the meeting or election.Can HOA rules override ARS 33-1812?
Generally, no. ARS 33-1812 specifically says its post-declarant proxy restriction and voting requirements apply even when the community documents say something different (A.R.S. § 33-1812(A)). The association should compare its existing HOA rules with the statute before an election.How long do homeowners have to return an absentee ballot?
ARS 33-1812 gives members at least seven days to return a ballot. The ballot must state the exact time and date it must reach the board, and that deadline cannot be earlier than seven days after the board delivers the unvoted ballot to the homeowner (A.R.S. § 33-1812(A)(4)). Boards should account for this minimum period when planning an election schedule.Proxy voting rules
Once the declarant no longer controls the association, ARS 33-1812 generally does not allow homeowners to give another person their vote through a proxy. Instead, members must have the option to vote in person or by absentee ballot.Proxy voting rule exceptions
The proxy restriction in ARS 33-1812 generally applies after declarant control ends, but there is a narrow exception for certain associations connected with qualifying timeshare plans. Those associations may be able to use properly completed owner proxies (A.R.S. § 33-1812(C)). However, for most planned communities, the main question is simply whether declarant control has ended.Do email ballots count toward HOA quorum?
They can. ARS 33-1812 says absentee ballots and other permitted forms of ballot delivery, including email and fax, are valid for determining quorum (A.R.S. § 33-1812(B)). Whether a particular ballot counts will still depend on whether it was submitted in a way that follows the statute and the association’s applicable voting procedures.Quorum and recordkeeping
Ballots submitted by absentee voting or another permitted delivery method can count toward quorum under ARS 33-1812. After the election, the association must also keep the ballots, envelopes, and related materials, including sign-in sheets when used, for at least one year (A.R.S. § 33-1812(A)(7), (B)). The association may keep those materials electronically or on paper, but they need to remain available for member inspection during that period.How long must an Arizona HOA keep election ballots?
At least one year after the election is complete. ARS 33-1812 applies that retention period not only to completed ballots but also to envelopes and related election materials, including sign-in sheets if the association used them (A.R.S. § 33-1812(A)(7)). Keeping those records together can make later member inspection much easier.How FirstService Residential can help
Voting requirements can become complicated when boards are managing absentee ballots, electronic delivery, deadlines, and election records at the same time. As North America’s leading property management company, FirstService Residential can help Arizona boards build a clear election process around the requirements of ARS 33-1812 and keep the necessary materials organized throughout the process.FirstService Residential serves Arizona boards and owners with local expertise backed by national resources. Our teams offer support with meetings, recordkeeping, financial management, banking and insurance programs, resident communication, and 24/7 customer care teams. This way, board members can focus on long-term goals instead of day-to-day administration.
With over 45 years of experience across the state, we help HOAs, condo associations, high-rises, and master-planned communities operate smoothly and meet their goals with confidence. To learn how we can support your association, contact our Arizona team today.
This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.