Can I use a proxy instead of voting in my HOA election?

Only if your bylaws allow proxies, and a proxy is never a substitute for a ballot. Under California Civil Code section 5130, a proxy gives another member authority to vote for you, but the proxyholder still casts that vote by secret ballot. Any voting instruction must be on a separate, detachable page, and you can revoke the proxy until the inspector receives the ballot.

Does an HOA have to provide proxy forms?

No. Under Civil Code section 5130, an association may use proxies if its bylaws permit or require them, but it is never obliged to prepare or distribute proxy forms.

HOA Election Proxies in California: What They Can and Cannot Do

Last reviewed October 13, 2026 by the HOA Elections of California inspector team

A proxy lets another member vote for you, but in a California HOA election it is never a substitute for a ballot. Under Civil Code section 5130, the person holding your proxy still has to cast the vote by secret ballot, and proxies can only be used at all if your bylaws allow them.

What a proxy is

A proxy is a written authorization, signed by a member or the member's authorized representative, that gives another member the power to vote on their behalf. The statute defines "signed" broadly: a manual signature, typewriting, telegraphic transmission or otherwise.

Why a proxy is not a ballot

This is the rule that trips associations up. A proxy may not be used in place of a ballot. The proxyholder receives the authority to vote, then votes the same way every other member does: by secret ballot, inside the double envelope, returned to the inspector of elections.

Telling the proxyholder how to vote

A member can direct how the proxy is used, but any instruction has to sit on a separate page of the proxy that can be detached and kept by the proxyholder. That keeps the voting instruction off the ballot itself and protects the secrecy of the vote.

Does the association have to provide proxy forms?

No. An association may use proxies if its bylaws permit or require them and the proxies meet the requirements of the article, but it is never obliged to prepare or distribute proxy forms. Check your bylaws and election rules: the election operating rules required by Civil Code section 5105 must address voting power and proxies.

Revoking a proxy

A member can revoke a proxy up until the inspector of elections receives the ballot. After that point the vote has been cast.

Who decides whether a proxy is valid?

The inspector of elections. Under Civil Code section 5110, the inspector rules on the authenticity, validity and effect of proxies, and proxies stay in the inspector's custody with the other election materials until the challenge period under Section 5145 has run. Read more about what the inspector does.

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Official sources

This page is general information about California law and is not legal advice. Requirements can turn on the wording of your governing documents, and associations should confirm their obligations with their own counsel.