What should our HOA board do when the county asks to use the clubhouse as a polling place?

By OurHOA · General information · Revised October 20, 2026

What an HOA board should check before letting the county use the clubhouse as a polling place: campaign zones, ADA access, open gates, dates, fees and owner notice.

Part of the HOA board handbook: residents and communication.

The short answer

In Texas, Florida and Colorado, a privately owned clubhouse is a volunteer, not a draftee. Texas Election Code 43.031(c) says a polling place should be in a public building if practicable, and 43.031(d) allows another building only when a suitable public one is unavailable. Florida 101.71(5) requires public, tax-supported buildings to be made available on request, and says nothing that compels a private building. Colorado's voter service and polling center law, CRS 1-5-102.9, allows private locations and asks the clerk to consider how to keep voting secure at them. So the board can say yes or no. Saying yes can be a real service to the neighborhood. Before you do, the board needs to accept three things: campaigners and signs on association property, every voter in the precinct coming through the gate, and the clubhouse closed to residents on the voting days. Check your declaration's common area use clause too. This guide is general education, rules vary by state and by your governing documents, and it is not legal advice.

Campaigning on your property comes with the room

This is the part boards miss. Each state sets a zone around the polling place where campaigning is banned, and the land beyond it is fair game. In Texas, 61.003(a) makes it a Class C misdemeanor to loiter or electioneer within 100 feet of an outside door voters use, or within 20 feet of a curbside voting space, during the voting period. And 43.031(d) says a polling place may not be put in a non-public building unless electioneering is permitted on the premises outside that 100-foot zone, with an exception only when it is the only building available in the precinct. In practice, a Texas HOA that wants the clubhouse to be a polling place has to let candidates and their volunteers stand on its lawn and parking lot with signs. Florida's no-solicitation zone under 102.031(4)(a) is 150 feet from the polling place entrance, and 102.031(4)(e) bars the property owner, operator or lessee from prohibiting candidates or their designees from soliciting voters outside that zone during polling hours. Colorado's 1-13-714 bans electioneering within 100 feet of the building. Tell owners ahead of time that the association's sign and solicitation rules will not apply to campaigners during voting hours, and that the board is not endorsing anyone on its lawn.

Access: the gate, the door and the parking lot

A precinct polling place serves every voter in the precinct, not only residents. Florida 101.71(1) says each polling place must be accessible to the public on election day. If your clubhouse sits behind a gate, plan to leave the gate open during voting hours and staff it or post signs. A fob-only door or a call box will not work. The building also has to work for voters with disabilities. Texas 43.034 requires each polling place to be accessible to and usable by elderly voters and voters with physical disabilities, and Colorado 1-5-102.9(3)(g) requires centers to comply with the Americans with Disabilities Act. The Justice Department's ADA checklist for polling places is what election staff will use when they survey you. It calls for at least one accessible parking space for every 25 spaces, up to the first 100, with at least one van space; access aisles at least 60 inches wide for cars and 96 inches for vans; a route at least 36 inches wide from parking to the voting room; and an entrance door with at least 32 inches of clear width that stays unlocked during voting hours. The checklist allows temporary fixes such as portable ramps, cones marking accessible spaces and threshold wedges. Carrying a voter in a wheelchair up steps is not an acceptable substitute. Walk the route yourself with a tape measure before the county survey, so you know what to fix.

How many days the county needs

Ask for the exact dates and hours in writing, including setup and teardown. For an election day site, ask whether staff need the room the evening before to set up equipment. Colorado is a much bigger commitment. Under 1-5-102.9(2), voter service and polling centers are open for the 15 days before election day and on election day itself. In counties with 37,500 or more active voters, that means 8 a.m. to 5 p.m. on most of those days and 7 a.m. to 7 p.m. on election day. A clubhouse picked as a Colorado center is out of residents' hands for more than two weeks, including any parties booked during that period. Before you agree, check the clubhouse calendar and the rental contracts for those dates. Owners who booked the room for a birthday months ago should hear from the board directly, with a refund or a new date, not find a sign on the door.

Fees, insurance and a written agreement

The association may ask to be paid. Texas 43.031(d) says any charge for using a non-public building is an election expense. Ask what the county usually pays, and at least ask for the cost of utilities, cleaning and any rentals you have to cancel. Payment from the county is income from a nonmember, so give the treasurer a copy of the agreement and tell your tax preparer at year end. Ask for a short written agreement. It should cover: - the dates and hours, including setup and teardown - which rooms, restrooms and parking areas the county may use - who holds keys and gate codes, and when they come back - who cleans and who sets the thermostat - a walk-through before and after, with photos - responsibility for damage and injury, with the county's certificate of insurance or self-insurance letter naming the association - what happens if the county moves the site or the association has an emergency such as a flood in the building Send the draft to the association's insurance agent and ask whether the policy covers the use. Approve the agreement at a board meeting. A sample motion: "Motion to approve the polling place agreement with [county] for use of the clubhouse on [dates] for the [election], at a fee of $[amount], and to authorize the president to sign it on receipt of the county's certificate of insurance."

Telling owners, and a sample timeline

A notice the board can copy: "The county elections office will use the clubhouse as a polling place for the [date] election. The clubhouse and pool restrooms will be closed to residents on [dates]. The entry gate will stay open from [time] to [time] on [dates] so all voters in the precinct can reach the polls. State law allows candidates and volunteers to campaign on association property outside a marked zone around the entrance. The association does not endorse any candidate or measure. Questions go to [director] at [email]." A workable timeline for a November election: - Spring or early summer: the county asks. The board reviews the declaration, insurance and calendar. - Next board meeting: vote, then sign the agreement. - At least 60 days out: move any clubhouse bookings on the voting dates. - 30 days out: send the owner notice. Fix anything the county's ADA survey found. - The week before: walk-through with election staff, keys handed over, gate schedule set. - Voting days: one director on call for the gate, power and restrooms. - The day after: walk-through, photos, keys back, any damage claim sent in writing.

Mistakes boards make

The common ones: agreeing on the phone before the board votes; assuming the association's no-solicitation rule will keep campaigners off the lawn; forgetting the gate, so voters from outside the community cannot get in; skipping the insurance agent; letting a director with a campaign sign in their yard handle the county alone and then fielding complaints that the board took sides; and in Colorado, agreeing to a two-week center without checking the rental calendar. If the clubhouse will also host outside groups, our guide on handling an outside group request to use the HOA clubhouse covers the terms, and the clubhouse rental policy guide covers bookings and deposits.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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