Results of Voting

Here is my current situation in Washington State.

We had our yearly meeting as a HOA. In one of our topics we talked about raising the HOA dues on certain house that were being rented. Those tendants were doing 90% of the damage around the community. The landlords or owners of the properties do not care what thier renters do and take no ownership. So we decided to double the HOA dues on those houses. Per our CCR's we can raise certain houses if the community votes for it.

This pasted with flying colors. Once the results we're pasted out to the community of course we finally heard from the owners of those renters. One owner is out side the country. He is demanding the results (who attened and who voted yes) for this change. He would like to contact each person and talk to them and reverse the decision.

As a member of the board, he has asked me several times and I will not provide the names. I feel that there is a right to some privacy. The people at attended deserve the right to make a vote and not later be contacted by a neighbor who doesn't like the results.

Am I looking at this from a moral point of view and not a legal point of view. Should I give him those names?

I am in a pickle and not sure what to do. Any advice or guidance would be GREAT!
Thank you!

This is the code in our ccr's

5.6 Special Assesments:

In addition to regular assessments, the Board may levy special assessments from time to time to cover capital improvments or other expenses greater or diffrent than those budgeted. Special assessments may be levied against the entire memembership, if for common expeses or against a particular Lot of Lots, if for expeses incurred by the Association to provide specific benefits, items, or services (a) on the request of the Owner of the Lot; (b) made necessary by the conduct of the Owner, or its licenses, invites or guests; or, (c) necessary to bring the Lot into compliance with this Declaration or the Association Management Documents. Special assessments against fewer than the entire membership may be levied by the Board after notice ti the Owner and an opportinity for a hearing.

Thank you Roger. I feel a little better about the voting results.

So I guess we misread the CCR code that I posted (Thats why I am in IT and not a lawyer).

We didn't think we were being discriminating, but rather we know that the renters are causing the damage and wanted to get the funds to fix the issues from the landlords of the rental houses.

Thanks Susan

We did pass the vote, and then sent out notices to the owners. Matter of fact we even thought we would be nice and only make the changes for next year so everyone would have months notice. We offered the hearing to the neighbor that lives out of the country but can not fly back for the hearing. So as a board member we tried everything to make this easy for the people this effected.

Thanks Steve

As you can see we are trying to do the right thing and ask for guidance and are not trying to get SUED. That is not our intention.

The board cannot reveal the individual votes of each Member. That violates their right of privacy. The homeowner is entitled to the results of the vote only, (actual number of votes that passed the motion).

Notice of the Meeting probably had to give the owner 30 days. Owner could have had an agent or his lawyer to represent him. In effect, he missed his own hearing.

I think the OP's CCRs allow the board to assess against damages done to the community by any homeowner, not just renters. I don't think that raising the dues is the way to go on this. Just place fines; but be sure you can document damages and have accurate repair costs.

I'd advise the board to tread carefully here. There could be a discrimination lawsuit in the works.

I even wonder if this was on the agenda and there was notice given to the Membership. Surely some sane people in the HOA would have seen that this is probably not legal and is a potential slippery slope.

The vote was probably a show of hands. If it was a written ballot, then Member's names are NOT included on the ballot, so what good is it to look at the voting ballots? The OP said it passed with "flying colors.'