Omitting homeowners vote

I am the president of a small condo complex (10 units) in Washington state. We have a homeowner here that never goes to any meeting no matter how important the subject is, never goes to our manadatory work events (we spend a few hours twice a year cleaning up areas that our gardener doesn't do, etc.)and pretty much doesn't talk to any of us. It was brought up at the last meeting by not just one, but several people, that they want to just omit her from voting. In order for her to make a well-informed vote, we have to write out everything we discuss in great detail just for her. Yes, we always take notes, but because there's only a few of us here, they just list what we talked about and what we did or are going to do about it. I guess the secretary got tired of going thru so much trouble for one person. It would be different if she only missed a few meetings, but she never comes. I told everyone at the meeting that because she is a homeowner and pays dues, we have to include her. Their question back to me was - what happens if we don't? I have no idea! I'm sure it won't be good, but honestly, I don't know the answer to that. Quite frankly, she'd probably never know we even had a meeting since she doesn't talk to anyone, but... Can someone answer this for me? Now I'm curious. Especially since I probably won't be president next year and I'd like to know the answer if the next president decides to go ahead and not ask for her vote any more. I'm in the state of Washington, if you need to know for the legalities. Thanks!

Judie

Judie - not only can you NOT take her vote away, you CAN'T make her vote.

So do yourself a favor and simply give her the agenda for the Annual Meeting and be sure it is clear when a Member vote is required. If absentee ballots or proxies are permitted, she may partake of that option.

It's her choice. She may be ill or overwhelmed with HOA business. All you can do is to be sure she is informed.

Before I get any more responses, I would like to make sure everyone knows that it's not my intention to leave this homeowner out of voting. Never was my intention, never will be. I was just curious to know what would happen if no one included her anymore. I am not always going to be a Board Member here and I'm amazed at how many people wanted to know the answer to this question. We all already know it's our obligation to include her. I think they just want to know what the consequences would be. Hopefully, a strong one. I think some of you are under the impression that it's my idea to do this. It's not.

Oops! Don't know why it replied 3 times. Sorry about that!

Judie - I think I understand your question; you aren't saying you want to eliminate this owners vote, you just want to know what the consequences MIGHT be IF you willfully chose to do so.

Well, I'm not an attorney so I'm on a lay person's shaky ground here, but I'll be happy to speculate:

- You and your fellow homeowners have probably already left a legally discoverable trail of records (e.g. emails, your posts to this public forum, etc) of your knowledge that you were contemplating doing something that you realize violates your governing documents.

- So your decision to deliberately eliminate her vote would be pre-meditated and not defensible as a simple oversight.

- If the votes you eliminated her from involved financial decisions, it could be argued that you knowingly abandoned your fidcuiary responsibility to your corporate entity (your condominium association) by not allowing full representation of the association's membership to participate in the financial decision.

- Willful disregard of existing governing documents will not be protected by Directors & Officers insurance, so the governing Board of Directors could well be held personally responsible for any adverse financial consequences.

- This all presumes that this individual would actually pursue legal remedies against you, but it seems to me that it's not out of the realm of possibility.

Once again, I'm no attorney but it seems that not only is the idea fundamentally wrong, but any actions in support of the idea are hazardous in and of themselves.

It's a very slippery slope . . . . . ..

Thanks, John and Jon! That's exactly what I wanted. I may print both your answers out and hand it out at the next meeting. I needed a more intellectual answer than "because we have to" which was my answer. Sometimes it just takes hearing an answer from someone other than the same ol' board members for them to drop it. And yes - she is the type who would seek a lawyer and then make us pay for it (and rightfully so). Thanks again!

IMO (and probably in your by-laws)- every h/o in good standing has the right to vote. You do not have to baby feed her the info. Just send out the ballot/proxy. If she has questions she will ask. - Every American over the age of 18 can vote whether they are politically knowledgeable or not. Most do not get involved and that is their choice. LynneV