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Montana HOA and condo electronic voting law
Can a homeowners or condominium association in Montana hold its vote online? Here is what state law says and what it means for your board.
Allowed through the nonprofit corporation act
Main law: MCA 35-2-533.
Reviewed September 16, 2026. A summary of state law, not legal advice. Each association, and any management company acting for it, is responsible for confirming with its own attorney that a vote complies with state and local law and its governing documents. See our Terms of Service.
The rules at a glance
| Legal status | Through the nonprofit corporation act |
|---|---|
| Main statute | MCA 35-2-533 |
| How electronic voting gets authorized | Electronic ballots with member consent |
| Secret ballot and counting | No state rule found. Check your governing documents. |
| Paper ballot option | Yes, for non-consenting members |
| Ballot retention | State law does not set a period |
No community association statute addresses electronic voting, but the state nonprofit corporation act allows electronic ballots or remote voting for member votes. That path fits associations incorporated as nonprofit corporations. An unincorporated association should confirm its authority with an attorney.
Which Montana rules apply to your association
| Your community | Law that governs the vote | What VoteStead requires |
|---|---|---|
| Homeowner and condominium associations | Through the nonprofit corporation act MCA 35-2-533 | 3 steps the board confirms before a binding vote |
What Montana law requires, and what VoteStead does
The association is incorporated as a nonprofit corporation in this state. MCA 35-2-533
VoteStead: VoteStead checks the association record. An association not marked as incorporated needs an attorney sign-off letter before a binding vote.
The association's declaration, bylaws and articles do not prohibit electronic voting. MCA 35-2-533
VoteStead: The board confirms this on the launch checklist before a binding vote opens. The confirmation, with who made it, goes into the audit log.
Members who do not consent to electronic ballots vote on paper. MCA 35-2-533
VoteStead: Paper ballots are always on for this state. VoteStead prints the packets with a secret ballot envelope, logs each returned envelope and counts paper ballots with the online ones.
Ballot records
Montana law does not set a retention period. Your documents and association records rules govern.
VoteStead keeps the certified result and the audit log, and deletes sealed ballots and voting credentials 1 year after voting closes by default. Ask for a longer hold and we keep them longer. Where your state sets a longer records period, that period applies to the records your association keeps, and the certified result and audit log are what you file.
Before your first online vote in Montana
- The association is incorporated as a nonprofit corporation in this state
- The association's declaration, bylaws and articles do not prohibit electronic voting
- Members who do not consent to electronic ballots vote on paper
- Collect owner emails and mobile numbers, and mailing addresses for everyone else
- Choose 3 key holders who are not candidates, not board members up for election and not the managing agent
Built from VoteStead's Montana rule pack. A summary, not legal advice. Your association and its attorney confirm what applies to your community.
Running a Montana vote with VoteStead
Available now
VoteStead runs Montana elections with a rule pack that apply the state's consent, secret ballot and records rules. VoteStead's counsel reviewed it. The launch checklist blocks voting until the board confirms the required steps.
Features Montana law turns off or changes
- Homeowner associations: Paper ballots always on. Members who do not consent to electronic ballots vote on paper. (MCA 35-2-533) VoteStead prints the paper ballot packets and counts returned ballots with the online ones.
Your responsibility for Montana law
Your association, and any management company acting for it, is responsible for confirming that each vote complies with Montana law, county and city rules, and your governing documents. This page and the Montana rule pack summarize state law as of the reviewed date and do not cover local rules or your own documents. Have your attorney confirm your authority and your notice, quorum and counting rules before a binding vote. VoteStead is not responsible for a vote found invalid because of those determinations. See our Terms of Service.
What every VoteStead election includes
- Ballots sealed on the owner's device and stored with no name attached
- A 2-of-3 key split, so nobody opens ballots before voting closes
- Email and text invitations, plus mailed notices with access codes
- A live turnout board, quorum proxies and automatic reminders to owners who have not voted
- A tracker code so each owner confirms their ballot counted
Montana questions
Can an HOA or condo association in Montana vote online?
Allowed through the nonprofit corporation act. How it gets authorized: Electronic ballots with member consent. Main law: MCA 35-2-533. Reviewed September 16, 2026. This is a summary, not legal advice.
What are the Montana secret ballot and vote counting rules?
The review found no Montana statute requiring secret ballots for these votes. Your governing documents may require one. VoteStead seals every ballot so nobody sees how an owner voted.
Do owners in Montana keep a paper ballot option?
Montana rule: Yes, for non-consenting members. VoteStead prints paper ballot packets with a secret ballot envelope, logs each returned envelope and counts paper ballots with the online ones.
How long must a Montana association keep ballots?
Montana law does not set a period for these ballots. VoteStead keeps sealed ballots for 1 year after voting closes by default.
Is VoteStead available for Montana associations?
Yes. VoteStead runs Montana elections with a rule pack for the state's community association law, reviewed by VoteStead's counsel. Features the state does not allow are turned off. Your association, and any management company acting for it, remains responsible for confirming each vote complies with Montana and local law and its governing documents.