Election/Annual Meeting insanity

Hello All,

I am a new to this board and have some questions and serious concerns about this Saturday's Board Elections/Annual Meeting. This seems insane to me and what do I do about it?

1. The meeting per CCRs is suppose to be in September(elections and budget). The board could not get it together to create a ballot nor budget for September.

2. The "ballot" came in the form of an 8.5x11 paper with an agenda written on it dropped of like a newsletter on my door step. IS this legal?? Not via U.S. Mail per CCRs and no return envelope or way to ensure the small tear off at the bottom (so-called "ballot") remains secret as it stated to return the ballot to - the Book keeper?

3. When owners saw this poor excuse of a ballot; the board reponded by asking the volunteer to go back and personally collect the so-called ballot from owners doorsteps (some owners took already picked them up). No mention from the board on how they are addressing the "ballots".

4. The board has not sent out another ballot? They state that the election of the board of directors will be via the floor of our meeting on this Saturday at 9AM in the morning? No formal notice nor agenda has gone out. The annual meeting is even in another City. Only sandwich boards and a casual mention in previous newsletter without venue.

What do I do to call attention to this insanity? The board disregarded my concerns when I emailed them about WA State Law and ballots via US mail (we have owners not in WA state), owners ratifying the budget, and lack of notification, etc.

Their official response: They never meant to mislead anyone or break the law.. but have done nothing to address the lack of proper ballot, owner notification, and no budget sent to homeowners to review for ratify per CCRS?

This is the craziest HOA election/budget I have ever (not) taken part in. What does an owner do when one is completely ignored and even made fun of for asking serious ethic/legal questions?

Thanks,

Maureen in WA

Tim,

I don't this person is a Board member, only a concerned homeowner.

Maureen,

Copied below is the applicable State statute governing meetings of the assn. As you will note, handcarrying the meeting notice is allowed and there is no mention that the ballot must be secret.

What do your bylaws say about voting and how it should be conducted? Many assn bylaws specify "in person, by mail, and by proxy". Regardless of the fact that a voice vote or floor vote may not be allowed per your bylaws, since you have members who do not reside w/i the community they could be considered as being disenfranchised which would be cause for a law suit. Saying they (the BOD) did not mean to ". .. mislead anyone or break the law. . ." is one thing but to do it is quite another.

If the BOD does not call of the meeting then, as a member, you have the right to make a motion to cancel the meeting because it was not noticed to all the members -- that is if you know for certain the out of state members were not notified. You also have a right to insist that the voting be handled in accordance with the bylaws.

How long has this board been office? Is this the first time they have scheduled an annual meeting?

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RCW 64.38.035 (HOA's) & RCW 64.34.332 (Condos)

Association meetings — Notice — Board of directors.

(1) A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the board of directors, or by owners having ten percent of the votes in the association. Not less than fourteen nor more than sixty days in advance of any meeting, the secretary or other officers specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by first-class United States mail to the mailing address of each owner or to any other mailing address designated in writing by the owner. The notice of any meeting shall state the time and place of the meeting and the business to be placed on the agenda by the board of directors for a vote by the owners, including the general nature of any proposed amendment to the articles of incorporation, bylaws, any budget or changes in the previously approved budget that result in a change in assessment obligation, and any proposal to remove a director.

The fact that there was no return envelope included in the notice packet has absolutely no bearing on whether it was a ballot. If it said "ballot" on the form then that's what it was. I agree something must be done at the meeting; however, whoever makes the motion to suspend the meeting better have proof that not all members were given notice and also have proof of any other allegations that the meeting would be illegal if it takes place. I'm not saying anything against Mareen, but if she is not a board member she may not have all the facts straight.