Assoc meeting,Quorum, Vote

If you didn't make quorum at either meeting, I think you'll need to reschedule it. Tell the homeeowners what happened and then the board can set another date.

As for the ballots, you may need to check your documents on that - you may have to do another election or you may be able to keep the ones already cast and add to that number at the next meeting (don't open those ballots until that time).

Regarding the pool, you might want to talk to the attorney a little more abouthis/her opinion. Usually, getting rid of an amenity like a pool requires homeowner approval, 75% or more. Even if your board can "technically" make the decision, I think it's better to run this past the homeonwers and urge them to state their opinion. If you make the effort and some people still refuse to comment for whatever reason, the board can make the decision, but it should be prepared in case someone decides to sue, so they'll also have to explain the attorney's opinion. Better yet, have him or her attend the meeting to explain that portion of the documents.

Like I said, I don't have a problem with the meetings. I'm glad they called the meeting on the pool, this is not the first meeting they have had on the pool, but the only meeting where the homeowner where given a vote. They want to know what everyone thinks and that is why they want to open the ballots. I'm just not sure if they should, we already dealing with one lawsuit and don't want to open the doors for another.
As for our documents, they are so poorly written and outdated. They don't address the issue of not meeting a quorum. They do imply it is a homeowner vote to close the pool, but per legal advice the board can make the call.

Not knowing Washington law, I will share what California says in regards to ballots. No action can be taken when quorum has not be achieved, whether it be a Board meeting, open or executive, or Annual or Special meeting of the Members, therefore, no ballots can be opened and counted.

Because there were two meetings scheduled, there should have been two separate ballots, not one.

I have made the argument that quorum, for the purposes of electing or removing a director or increasing monthly dues past the legal requirement or a special assessment, also past the legal requirement should be eliminated and that for three of those items to pass, at least a majority of owners in the affirmative need to vote to make a change. The elections should be whoever votes.

Quorum creates more problems than it is worth and Associations can ALWAYS protect themselves against a small group taking over. Your governing documents will always be protected, but elections will be easier and if the wrong person gets in, the procedure is just as easy next time to vote someone else in. I live in Los Angeles, and we just had mayoral elections in a town of 4 million. 16% of the people voted. If it had been my HOA in the past, no election would have taken place, even with reduced quorum.

What this accomplishes, in your case, is the issue of seeing what the owners think about either keeping the pool open or closing it. Without a quorum requirement you could look at the ballots to see where the vote was leaning, thus making the decision easier whether or not to move forward, one way or the other. Kind of like a hung jury court case whether the prosecution will pool a jury to see whether to re-try or not, 10-2 guilty, retry, 10-2 against, save the money.

The other problem I see is the opinion of the attorney allowing the Board, alone, to make the decision to close the pool. That would be wrong, as that provision should be in the CCRs and it is the right of the whole membership to make that kind of decision on the amenities of the complex. Unless the CCRs specifically give the Board that authority, then, no way, Jose.

Follow up.
The Chairman of Board wanted to open the ballots, but the other members of the BOD voted against it. We are in the process of mailing out notices for a reconvened Annual Meeting ... with a bylaws change to the quorum to be voted on. We have gotten some volunteers to go around and knock on doors asking people to make sure they vote. (no promoting or advice.. just to vote)
I have heard the BOD will be making a decision on the pool at the next board meeting. Per our attorney that is ok.. right or not ... they will follow what the attorney recommends.

PS) our attorney recommended changing the quorum to 10-15%. We are a HOA of 499 homes. As the Bylaws Chairman we recommended 25%. But the board is once again going with the attorney.