Nebraska HOA Election Rules: Voting Procedures and Ballot Requirements

Nebraska HOA Election Rules: Voting Procedures and Ballot Requirements

Nebraska has no state statute that prescribes election procedures for homeowner associations. Your association's authority to conduct board elections flows entirely from your declaration, bylaws, and articles of incorporation. This absence of statutory mandate gives your board flexibility but also creates risk if your governing documents are vague or if your procedures are inconsistent from year to year.

The Nebraska Attorney General's office oversees nonprofit corporations under the Nebraska Nonprofit Corporation Act, but this Act does not establish specific ballot rules or inspector requirements for HOA elections. Your board must follow the procedures stated in your governing documents and common law fiduciary duties that require fair and transparent elections.

What Your Governing Documents Control

Your bylaws dictate who is eligible to vote, how ballots are distributed, whether proxy voting is allowed, and how votes are counted. Review your documents to confirm the following details. First, identify which members may vote. Most Nebraska HOAs grant one vote per lot or unit, but some declarations weight votes by square footage or allow tenants to vote if the owner assigns that right. Second, determine whether your bylaws allow proxy voting. If proxies are permitted, your bylaws should specify the form the proxy must take, how long it remains valid, and whether the proxy holder must be a member. Third, check whether your bylaws require secret ballots or allow open voting. Fourth, confirm whether your bylaws mandate an inspector of elections or a neutral third party to count ballots.

If your bylaws are silent on any of these points, your board should adopt a resolution that fills the gap. A written election policy that addresses ballot format, proxy rules, and counting procedures protects the board from member challenges and ensures consistency.

Proxy Voting Rules

Nebraska law does not prohibit proxy voting in HOA elections, but your bylaws may. If your bylaws allow proxies, you must follow the specific requirements stated in those documents. A typical proxy form includes the member's name, the property address, the name of the proxy holder, the meeting date, and the member's signature. Some bylaws require the proxy to be notarized or witnessed. Others require the proxy to be delivered to the board secretary at least 24 hours before the meeting.

Proxies create opportunities for confusion and disputes. A proxy signed without a clear understanding of the issues can result in votes that do not reflect the member's intent. A proxy that does not comply with the form required by your bylaws may be rejected by the inspector of elections or the board. Your board should provide a standard proxy form to members and include clear instructions on how to complete and submit it.

Inspector of Elections Requirements

Nebraska does not require HOAs to appoint an inspector of elections. Your bylaws control whether you must use an inspector and what that inspector's duties are. An inspector of elections is a neutral party who verifies member eligibility, distributes ballots, collects completed ballots, counts votes, and certifies the results. The inspector may be an individual or a firm, but the inspector should not be a candidate in the election or a board member with a conflict of interest.

Even if your bylaws do not require an inspector, appointing one is a best practice. An inspector provides an independent check on the election process and reduces the risk of member challenges. If your association has a history of contested elections or close votes, an inspector creates a record that protects the board.

A concrete example: the Westridge Homeowners Association in Omaha held a board election in 2019 without an inspector. Two candidates received vote totals that differed by only three votes. Several members alleged that the board had counted invalid proxies and had rejected valid ballots without explanation. The dispute required mediation and cost the association more than $8,000 in legal fees. The association amended its bylaws in 2020 to require an inspector of elections for all contested races.

Ballot Distribution and Collection

Your board must provide reasonable notice of elections and distribute ballots in the manner specified by your bylaws. Most bylaws require written notice 10 to 30 days before the meeting. The notice should include the date, time, and location of the meeting, a list of candidates, and instructions for voting. If your bylaws allow absentee voting or mail in ballots, the notice should explain the deadline for returning ballots and the address where ballots must be sent.

Collecting ballots by mail or email creates a paper trail but also introduces the risk of lost or delayed ballots. Your board should establish a clear process for receiving and securing ballots before the meeting. Store ballots in a locked box or sealed envelope and do not open them until the meeting. If you allow electronic voting, use a secure platform that verifies member identity and prevents duplicate votes.

Counting Votes and Certifying Results

Your bylaws should specify how votes are counted and how results are announced. The inspector of elections or the board secretary typically opens ballots, verifies that each ballot was submitted by an eligible member, tallies the votes, and prepares a written certification of the results. The certification should include the total number of ballots received, the number of valid ballots, the number of invalid ballots, and the vote totals for each candidate.

Announce the results at the meeting or immediately after the meeting. Provide a written summary of the results to all members within 10 days. Retain the ballots and the certification for at least one year in case a member challenges the results.

What Happens When a Member Challenges the Election

Nebraska courts have jurisdiction over disputes about HOA elections. A member who believes the election was conducted improperly may file a lawsuit challenging the results. The court will review the election procedures, the governing documents, and any evidence of irregularities. If the court finds that the election violated the bylaws or was conducted unfairly, the court may order a new election.

To minimize the risk of a successful challenge, your board should document every step of the election process. Keep copies of the notice, the ballots, the proxy forms, the inspector's certification, and the minutes of the meeting. If a member objects to a ballot or a proxy at the meeting, record the objection and the board's response in the minutes.

Nebraska Context and Market Reality

Nebraska's HOA market is concentrated in the Omaha and Lincoln metro areas, where 62 percent of the state's community associations are located. Many of these associations were established in the 1990s and early 2000s, and their governing documents may not reflect modern voting practices such as electronic ballots or online proxies. If your association's bylaws were drafted more than 20 years ago, consider amending them to address current technology and member expectations.

Nebraska's rural character also affects HOA elections. Associations in smaller towns or agricultural areas may have fewer contested races and lower member participation than associations in urban areas. However, even a small association should follow a clear election procedure to avoid disputes and ensure fairness.

What You Should Do Now

Review your association's declaration, bylaws, and articles of incorporation. Identify the specific provisions that govern board elections, including eligibility to vote, ballot format, proxy rules, and inspector requirements. If your bylaws are silent on key points, draft a resolution that establishes a clear election policy. Consult your attorney for your specific situation to confirm that your policy complies with your governing documents and Nebraska nonprofit law.

Create a written timeline for your next election. Schedule the date on which you will send notice to members, the deadline for submitting candidate statements, the deadline for submitting proxies or absentee ballots, and the date of the meeting. Assign responsibility for each task to a specific board member or committee.

If your bylaws do not require an inspector of elections, consider appointing one anyway. An inspector provides an independent check on the process and reduces the risk of disputes. If your association has a history of contested elections, appointing an inspector is essential.

Manorway's AI assisted platform helps you manage election timelines, store governing documents, and track ballot submissions. You can schedule notices, generate proxy forms, and maintain a complete record of election procedures. When your board uses a centralized platform to document elections, you create an audit trail that protects the board and ensures transparency for members.